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(영문) 의정부지방법원 2015.06.26 2015고단129
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 10, 2015, the Defendant of the obstruction of performance of official duties: (a) reported 112 to the effect that “D” in front of the Government City of Do, in front of the D’, “D in front of the D’,” a person drinking, who was called upon having received a notification to the effect that “d’s drinking person is driving off the D’s capital”; (b) carried out a bath theory, such as “Nest F of the Gyeonggi Government Police Station E-K in the Gyeonggi Government Police Station,” and “Nest G,” which read the flick of the said police officer.

Accordingly, the Defendant interfered with the legitimate performance of duties of F and G concerning crime prevention and suppression.

2. 모욕 피고인은 제1항과 같은 일시 및 장소에서, 행인 H, I, J 등이 지켜보는 가운데 피해자 F 및 피해자 G에게 위와 같이 “개새끼야. 이 짭새 새끼야. 니네들 다 죽여버리겠다”라고 욕설을 하였다.

Accordingly, the defendant insultd the victims openly.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and J;

1. Each statement of H and I;

1. Application of damaged photographs and investigation reports (referring to cases of suspect's abusive voice recording)-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area (6 months to one year and four months) of the obstruction of performance of official duties (6 months to one year and four months): With respect to multiple concurrent crimes under the former part of Article 37 of the Criminal Act between the obstruction of performance of official duties for which the sentencing guidelines are set and the insult for which the sentencing guidelines are not set, the lower limit shall be set according to the lower limit of the sentencing criteria for the crimes for which the sentencing guidelines are set.

[Decision of Sentence] The police officer's legitimate ground is that the defendant assaultss the police officer for six months of imprisonment, one year of suspended execution, and forty hours of community service.

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