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(영문) 서울남부지방법원 2016.06.17 2016고단646
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

On January 1, 2016, the Defendant reported on January 1, 2016, 16:6:20, the Defendant notified that he/she is a police officer and recommended him/her to return home, and he/she called "I Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha.

돈 안주면 꺼져 라! 돈 줘 라! 개자식아!” 라며 욕설을 하고, 주먹으로 때리는 시늉을 하다가 갑자기 위 경찰관의 성기를 손으로 잡아당기는 등 폭행하여 범죄의 예방 ㆍ 진압 및 수사에 관한 경찰관의 정당한 공무집행을 방해하였다.

[2016 Highest 1400] Defendant on March 20, 2016, on March 20, 2016, “G” without any reason, for the operation of the Victim F in Yangcheon-gu Seoul Metropolitan Government “G”

“Arrehing the head of H, which is the above coffee shop customer, with the head of “h’s head” and the H as stated in this paragraph, “h’s Chewing knb p?p.

The term "I wish to die because he/she threatens to enter cryp of coffee with sound, and the employee I who restrains it."

The term "as a result of sound, it interfered with the business of a victim's coffee shop by force by creating a disturbance, such as threatening him/her (26 cm in length) entering the same coffee shop and threatening him/her as he/she may do, and thereby interfered with the business of the victim's coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

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 sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: a crime interfering with the execution of official duties (a).

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