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(영문) 서울북부지방법원 2015.07.21 2015고단1392
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 03:30 on April 7, 2015, the Defendant: (a) did not get off a taxi that was under the influence of alcohol on the roads of Seongbuk-gu Seoul, Seongbuk-gu and 206; (b) obstructed the legitimate performance of public duties for the handling of the instant report by the police officer on the following grounds: (c) he expressed the following grounds: (d) he expressed the defect: “I am back to a bitch bitch; (d) I am back to a bitch bitch; (e) I am back to a bitch bitch; (e) I am back to a bitch bitch; and (e) I am back to a bitch bitch; and (e) I am back the bit part of the working clothes with a knife and flue the flue, etc. on the part of the above E, thereby obstructing the police officer’s 112 report.

2. At around 05:15 on April 7, 2015, the Defendant, at the cell of the Seoul Seongbuk-gu Seoul Seongbuk-gu Police Station, arrested a flagrant offender as a flagrant offender committing an obstruction of performance of official duties, such as Paragraph (1) of the aforesaid Article, and subsequently, he publicly insulting the victim F, a police officer belonging to the above police station, who took physical examination and identification procedures while hearing other prisoners during the process of entering the detention room, by taking a large amount of the victim F, who is a police officer belonging to the above police station, who took part in physical examination and identification procedures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. Each statement of H, I, and J;

1. Application of Acts and subordinate statutes to the command of entering the Gu;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines [Scope of Recommendation] are concurrent crimes between the crimes for which the sentencing guidelines that have no basic area (six months to one year) (one year and four months) is not set, and the lower limit is the sentencing guidelines.

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