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(영문) 서울중앙지방법원 2014.06.12 2014고단2150
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.

Reasons

Punishment of the crime

1. Around 05:30 on December 2, 2013, the Defendant: (a) arrested a flagrant offender committing assaulting B under the influence of alcohol, and was transferred to the criminal department and office of the Gangnam-gu Seoul Southern Police Station in Gangnam-dong 998 Seoul, Gangnam-gu; (b) held the victim C (the police officer) who is a police officer in the above office that “I am hyke, hyke, hyke, hyke, and gue gue,” and publicly insulting the victims, such as “I am hyke, hyke, hyke, and hyke hyke,” and “I am hyke hyke.”

2. The Defendant, at the date, time, and place mentioned in the above paragraph (1) above, took a bath against police officers over one hour, and prevented police officers from using the safe guard gear, and then putting the Defendant into the left side and body of the above D, with the defect that the police officers attempted to investigate the Defendant’s suspicion of assault, thereby gathering the front door of the investigative seat’s seat towards the above D.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the investigation and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B and D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes of obstruction of performance of official duties (Scope of recommendations) from June to April 1; and

2. The offense of insult is not subject to the sentencing criteria;

3. Circumstances unfavorable to the decision on sentence: The circumstances that are favorable to the fact that the nature of the crime is not good, such as taking a bath to a police officer and taking a suspect under the influence of alcohol: the confession, the fact that there is no force to commit any crime, and others.

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