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(영문) 수원지방법원 안산지원 2019.06.26 2019고단1531
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Defluence;

A. On February 10, 2019, at 04:23, the Defendant: (a) filed a report at C located in Gangnam-si B; (b) the victim E, a police official belonging to the Gangseo-gu Police Station D district united in the Gangseo-gu Police Station D District, sent out after having received a report, who is a police official of the D district united in the Gangnam-gu Police Station, “I am fright. bit bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch. At the last time, the Defendant died of the bitch bitch bitch bitch bitch bitch bit

B. At around 05:05 on February 10, 2019, the Defendant, at the D District of the Gangseo Police Station located in Gangnam-si F, and during the course of being arrested and investigated as a flagrant offender, he publicly insultingd the victim E by saying, “The victim E” is the victim E, “I see this dog. Chewing. Chewing fright. Sheet, fright, fright, is created at the bit of bitch bitch, and is female-friendly rice franch, and will be used as a bitle, at the time of female-friendly rice franch,” and publicly insulting the victim.

2. On February 10, 2019, the Defendant had been investigated in the 05:10 on February 10, 2019, the Defendant interfered with the performance of official duties, saying, “G, a police official belonging to the said gae zone, has governance, kneeing, kneeing,” and interfered with the official’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. A complaint filed by E;

1. Each CD (Evidence No. 6-1) asserts to the effect that the Defendant was in a mental and physical state under the influence of alcohol at the time of the instant crime. However, in light of the background, means, and methods of the instant crime, and the circumstances after the instant crime, etc., it cannot be seen that the Defendant was under the influence of alcohol at the time of the instant crime, and thus, the Defendant did not have the ability to discern things or make decisions, and thus, such assertion is rejected

Application of Statutes

1. Article 311 of the Criminal Act and Article 136 of the Criminal Act as to the crime in question.

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