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(영문) 서울동부지방법원 2014.08.27 2014고단1917
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. Around 22:50 on May 19, 2014, the Defendant: (a) asked the victim E, a police officer dispatched to the Seoul Gangseo-gu Police Station D District, that “the head of the police station, who is a police officer and several persons, will not do so; (b) whether he/she would do so; and (c) whether he/she will do so; and (d) whether he/she will see this son’s body under the influence of alcohol” in front of the 123 (Road 123) of Gangdong-gu, Gangdong-gu, Seoul; and (d) said, the victim E, a guard of the Seoul Gangseo-gu Police Station D District, who was called, was asked to “the head of the police station and several persons.”

Accordingly, the Defendant insultingd the victim.

2. At around 23:25 on the same day as Paragraph 1, the Defendant: (a) took a bath to the following: (b) the Defendant received the foregoing report at the same place and solicited the Defendant to return home after entering the report; and (c) he took a bath to the Defendant: (a) “Chewing singing, singing away, growing, and sing down.”

The Defendant continued to be arrested as a flagrant offender of the obstruction of performance of official duties, and was transferred to the D District Unit located in Gangdong-gu Seoul Metropolitan Government, and expressed that “I am bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each police protocol of statement to E and C;

1. Relevant provisions of the Criminal Act, Articles 311, 136 (1) and 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act on the obstruction of performance of official duties (in the event of obstruction of performance of official duties and coercion of duties) shall be sentenced to the basic area

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