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(영문) 수원지방법원 성남지원 2017.11.08 2017고단1751
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 13, 2017, the Defendant insultingd the victim by openly insulting the victim by putting the victim C, who was riding a car on the road in front of Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, on the ground that the victim C was fluoring around 19:05, on the ground that the victim C was fluoring a large number of names and fluories, such as “I fluor, fluor, fluor, fluor, fluor, fluor, fluor,” who was fluoring on the road in front of Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City.

2. The Defendant who interfered with the performance of official duties is required to present identification cards to verify personal information by the policeman E belonging to the Sung-nam Police Station D District of the Sungnam Police Station called out after receiving a report on the occurrence of a traffic accident at the time, time, and place specified in paragraph (1), and the above E “I ambling, embling, and embin, where the arbe is half.”

“The breath of “,” and assaulted, by hand, the breath of the instant E, such as breathing and shakeing the breath.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written statement;

1. A complaint and a list of reported cases;

1. Application of the Act and subordinate statutes to report on investigation (to submit cell phone images taken by the suspect of the victim);

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, Selection of imprisonment), and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of insult and choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Application of the sentencing guidelines for multiple crimes that have no basic area (six months to one year and six months) (the person subject to special sentencing) of the basic area of the first class (Interference with the performance of official duties and the coercion of duties) of the sentencing guidelines: Imprisonment with prison labor for not less than six months (in the relation of insult for which the sentencing guidelines have not been set and the crime of insult under the former part of Article 37 of the Criminal Act, the scope of the recommended sentence for the above crime for which the sentencing guidelines have been set is set.

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