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(영문) 서울서부지방법원 2016.12.07 2016고단2984
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 15:00 on September 26, 2016, the Defendant used an assault to the effect that “I would like to find out, but would not be received because E would not meet the requirements for the hedging family,” while taking into consideration the circumstances of the Defendant, I would like to say that I would like to “I would like to find out, I would not receive,” and assaulted police officers who perform legitimate duties concerning civil affairs, such as, when I would like to see the E’s left bream with her hand.

2. As stated in Paragraph 1 at the time, time, and place mentioned in Paragraph 1, the Defendant’s insultd the victim openly insulting the victim by stating to the victim “Chewing, Chewing,” and “Larihhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to CCTV images and recording files;

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

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's assertion that he was in an insane or weak condition under Article 62-2 of the Probation Criminal Act is not deemed to have had the intention or ability to discern things at the time of committing the crime, in light of the crime recognized by the records of this case, and the defendant's speech and behavior immediately after committing the crime, although the defendant was deemed to have undergone a long-term medical treatment as early as the injury or weakness was committed.

It exercised active tangible power against police officers with reason for sentencing.

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