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(영문) 서울남부지방법원 2018.05.23 2018고단699
공무집행방해등
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 17, 2018, the Defendant obstructed the performance of official duties, at the front of Geumcheon-gu Seoul, Geumcheon-gu Seoul, the Defendant: (a) expressed the desire to “Ie I am, the police flag, and the flag,” to D, a police officer of the Seoul Geumcheon Police Station C District, who called “Ie I am, I am son, I am the face of D; (b) 4-5 times in the direction of the flag of D; and (c) am the chest part of D two times in his hand, and am out the victim.

Accordingly, the defendant assaulted police officers D and interfered with the legitimate execution of duties by police officers related to 112 reporting processing duties.

2. The Defendant, who was investigated into another case from February 17, 2018 to February 21:20 of the same day, under the investigation into another case in the status of being transferred to the investigation waiting room at the Seoul Geumcheon Police Station in Seoul, Seoul, the Nam-gu Seoul, Seoul Special Metropolitan City for the investigation of criminal duty.

E 등이 있는 자리에서 피해 자인 F 팀장 경감 G에게 “ 야 대머리, 좆만한 짭새 새끼야! ”라고 하였고, 피해 자인 F 팀 경장 H에게 “ 이 등신 같은 새끼, 좆만 아, 너는 순경 단 지 얼마 안 된 거 같은데, 어린 놈의 새끼야! ”라고 말하였다.

Accordingly, the defendant insultd the victims openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed for the preparation of G and H;

1. The results of the reproduction of a DNA campaign video CD;

1. A criminal investigation report (a DNA camp scam reading);

1. Report of investigation (Attachment to the protocol concerning the examination of suspects of other cases) and copy of the protocol concerning the examination of suspects;

1. Application of the Acts and subordinate statutes concerning subordinate statutes to police officers' photographs;

1. Relevant legal provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, selection of imprisonment), and Article 311 of the Criminal Act for the crime (each insult point and choice of 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall interfere with the performance of official duties, and the basic area (six months to one year and six months) (the person with special sentencing) of the basic area (the person with six months to one year and six months).

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