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(영문) 서울동부지방법원 2014.08.21 2014고단1571
공무집행방해
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 29, 2013, around 22:05, the Defendant was required to leave the taxi from the taxi by a slope D, etc. affiliated with the Seoul Gangseo-gu Police Station C District, which was called out after receiving a 112 report by the Defendant, because the Defendant did not take a bath to and pay a fare to the taxi engineer who was under the influence of alcohol in front of 479-13, Gangdong-gu, Gangdong-gu, Seoul Metropolitan Government.

However, the Defendant, who was suffering from the chief flasing, expressed a bath to the above police officer, and threatened him “Ye, flady, flady, flady, flady, flady, flady, flady, flady,” and fladyed the sat of the police officer.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers who handle 112 reporting affairs.

2. At around 22:10 on December 29, 2013, the Defendant was arrested as a flagrant offender for the crime, etc. under the above paragraph (1) and turned into a district located in Gangdong-gu Seoul Metropolitan Government E, and thereafter, in the said district, the Defendant made a erode and bath to the above police officers, and made a brush and bath in the said district, and “I see that I am in the eye in F’s eye, I am ambling, I amben, amben, and ambi son f’s hand, such as a fluor, fluor, a fluor, a fluor, a fluor, and a fluor, a fluor.”

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and G

1. Article 136 (1) of the Criminal Act applicable to 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 of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has a basic sphere (6 to 1 year and 4 months) of the obstruction of performance of official duties (the decision of sentence] [the decision of sentence] of the crime of this case is that the defendant assaultss and takes a bath to a police officer called up with a taxi engineer and a Si guard, and it is not good that the crime of this case is committed, and the defendant is committed by assault, etc.

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