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(영문) 서울북부지방법원 2014.08.13 2014고단2035
공무집행방해등
Text

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

except that 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. On June 22, 2014, the Defendant: (a) around 00:45, the police station and office in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, were arrested as a flagrant offender in the assault case, and committed a disturbance, such as passing the disturbance, and passing the disturbance into the atmosphere of the assault case, and (b) the Defendant told C who was seated in the atmosphere, “the stroke, boomed.”

Accordingly, the Defendant tried to see the above C, and assaulted him by taking his head from the border D (the age of 36) belonging to the above police station to the right direction.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal duty.

2. 모욕 피고인은 제1항과 같은 날 00:45경부터 같은 날 01:50경까지 제1항과 같은 장소에서, 제1항과 같이 위 D을 폭행하는 등 소란을 피우는 피고인을 경찰관들이 수갑을 사용하여 제지하자 화가 나, 경찰관 2명과 민원인 2명 등이 있는 가운데, 위 경찰서 소속 피해자 경사 E에게 “개새끼들, 좇같은 새끼, 씹새끼들, 수갑만 풀어봐라 다들 죽여버린다, 어차피 벌금만 내면 다 끝나는 것이 아니냐, 개새끼들, 짭새 새끼들, 죽여버린다”라는 등의 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of F, G, D, and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed by the defendant who assaults and insults a police officer in the course of performing official duties, and the degree of obstruction of performance of official duties is not less than that of the defendant, and the crime of this case is committed by the defendant several times of violence, which is disadvantageous to the defendant.

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