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(영문) 서울남부지방법원 2015.01.27 2014고단4768
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. On December 2, 2014, the Defendant: (a) 01:23, at the front of Guro-gu Seoul Metropolitan Government, 112 reported that he was a principal offender at the front of Guro-gu, Seoul; and (b) took the influence of alcohol to the police box affiliated with the Seoul Guro Police Station that was dispatched to the site, and, without any justifiable reason, assaulted the Defendant, such as dumping the flaps of the said D, by drinking it.

On December 2, 2014, at around 03:18, the Defendant was arrested and detained as a flagrant offender at the criminal watch room of the Guro-gu Seoul Police Station located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul. On December 2, 2014, the Defendant continuously assaulted the Defendant’s criminal charge and the slope E belonging to the said police station with the horses, kneee, and walking the left side of the above E on the ground that the police officer and other suspects are able to take a bath at the seat of the police officer and other suspects.

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the maintenance of public peace and order.

2. 모욕 피고인은 2014 12. 2. 01:50경 위 경찰서 형사당직실에서 민원인 4명 등이 있는 자리에서 술에 취하여 아무런 이유 없이 경찰관인 피해자 F에게 “뭘 봐! 씨발, 좆같은 놈아, 개새끼야! 야, 이 씹새끼야, 좆만한 새끼들아, 와서 내 좆이나 빨아! 똥꼬를 빨던가” 등으로 큰 소리로 욕설을 하였다.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Each written statement of F, I, and E;

1. Application of a detailed statement of processing the 112 Reporting Case and to CCTV-cap photograph Acts and subordinate statutes;

1. Relevant Articles 136(1) and 311 of the Criminal Act concerning the facts constituting an offense, and the choice 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 (including the fact that any contingency has been committed in the state of being committed, the fact that any mistake has been recognized and reflected, and any absence of any criminal record);

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