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(영문) 서울북부지방법원 2015.06.17 2015고단313
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 5, 2015, the Defendant interfered with the performance of official duties by repeatedly threatening D, a police officer belonging to the Dongdaemun Police Station C district unit of Dongdaemun Police Station called the Defendant to arrest the Defendant as a flagrant offender in the crime of assault, with the defect that D, a police officer assigned to the Dongdaemun Police Station C district of Dongdaemun Police Station, attempted to capture the Defendant as a flagrant offender of the crime of assault, and repeatedly threaten D with knife with a knife with a knife, kniff. kniff. kniff. kniff. kniff. kniff.).

2. Around January 5, 2015, the Defendant insultd the victim openly insulting the victim by repeatedly referring to the victim D, who is a police officer, such as “the same bit of bitch,” and “the bit of bitch bit of bitch,” in the Dongdaemun Police Station C District located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] The sentencing range for the crime of insult in the relation of concurrent crimes with the crime of obstruction of performance of official duties in June to April is not set in the sentencing criteria, since the sentencing criteria are not set for the crime of insult in the relation of concurrent crimes with the crime of obstruction of official duties in April to April.

[Determination of Sentence] The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the law and order of the State and eradicate the light of public authority, and the defendant also has the record of being sentenced to suspended sentence for the same crime.

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