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(영문) 서울남부지방법원 2017.08.23 2017고단2248
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2017, at around 22:20, the Defendant was on the front side of Gangseo-gu Seoul Metropolitan Government, and was required to take a drinking test, and even if the Defendant demanded additional water to put a part in his/her vehicle, it was defective that the victim E cannot reduce any water other than once, and the Defendant was able to listen to the large number of unspecified people on the ground that the Defendant’s bitch bitch bitch bit, “A bitch bitch bitch bit, which is to be Chewing,” is the same as the Defendant’s bitch bitch bitch.

The police, sicks, and Chewing , etc., take the attitude of spiting, spiting, and taking the face of the above police officer, and continued to take the victim’s desire to do so.

Accordingly, the defendant openly insultingd the victim and interfered with the legitimate execution of duties concerning the control of police officers' drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigative Report (to attach screen pictures that interfere with the performance of suspect's duties), - Application of the video CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Obstruction of Performance of Official Duties, Selection of Imprisonment, and Selection of Punishment) concerning facts constituting an offense, and Article 311 of the Criminal Act (Appointment of abusives or Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the following factors: confession of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the background of the crime, the degree of interference with the insult and the performance of official duties, the record of the crime (five times before and after the crime), circumstances after the crime, the defendant's age, sexual behavior, health conditions, etc.

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