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(영문) 서울남부지방법원 2015.05.22 2015고단549
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defluence;

A. On January 2, 2015, at around 18:36, the Defendant, on the first floor of the “CMoel” located in Gangseo-gu Seoul Metropolitan Government, and on the first floor of the “CMoel,” “A fighting has been completed,” the Defendant, while the Defendant was aware of the circumstances leading up to the instant case by the victim Nonparty E, the Seoul Gangseo-gu Police Station D District Branch of Seoul Gangseo Police Station, who was called up upon 112, expressed the victim’s desire to read “Choe, Mana, Mana, Maki,” the victim’s employees.

B. At around 19:20 on the same day, the Defendant publicly insultingd the victim by referring the victim “a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, knife, knife, and knife,” within the D District located in Gangseo-gu Seoul Metropolitan Government G, with the Defendant’s H and police officers.

2. At around 18:40 on the same day, the Defendant was arrested as a flagrant offender in the crime of assault and insult, and the police patrol vehicle No. 43 was resistanceed to arrest during the Do, and assaulted by the police officer assigned to the Seoul Gangseo Police Station D District Unit of the Seoul Gangseo Police Station, on several occasions, such as the police officer’s left side bucks.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a flagrant offender by a police officer in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A statement prepared by the F;

1. An investigation report (abundling a patrol box No. 43 of the Gangseo, analyzing images of the patrol box and attaching video CD records);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] for the obstruction of performance of official duties.

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