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(영문) 수원지방법원 2014.11.26 2014고단5622
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, 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. On September 26, 2014, the Defendant: (a) around 03:40 on September 26, 2014, at the front of the Defendant’s wife C’s population; (b) on the 112 report, the police officer E in charge of the police station and the slope F sent out after having received the notification that the Defendant was frighting to sound and fright; (c) when the Defendant frighted home to the Defendant under the influence of alcohol; (d) he fright to a slope F with both hand; and (e) the Defendant fright to a slope F with the Defendant who fright to fright to the Defendant, and frighted the chest part of the said police officer on several occasions by hand.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties of police officers concerning handling 112 reports.

2. 모욕 피고인은 제1항 기재 일시, 장소에서, 제1항과 같이 위 경찰관들을 향해 폭력을 휘두르면서 이웃주민들이 있는 가운데 “경찰 개새끼야, 씨발놈들아 꺼져, 나는 압구정동 건달이다. 내가 문신 없는 조폭 행동대원이다. 경찰 씹새끼들 죽여버린다. 우리나라 짭새가 이따위지”라고 욕설하였다.

Accordingly, the Defendant publicly insulting the victim E and F.

Summary of Evidence

1. Defendant's legal statement;

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

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 on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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