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(영문) 의정부지방법원 2015.03.12 2014고단3880
공무집행방해
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

On August 29, 2014, at around 22:09, the Defendant and his body fightings C and C in front of the Dong/dong Elementary School in Seosan-si, Seosan-si.

On the ground that E, the circumstances where the D District Unit was dispatched after receiving a report by the defendant, did not go to the police station, he saw the balth of the above E, and took a bath for it.

이후 2014. 8. 29. 22:20경 연행된 근처 D지구대에 가서도 그 곳에 있던 경찰관들에게 "이 씹새끼들 죽여버리겠다. 가만두지 않겠다. 내가 목을 자르겠다. 니네들 내장을 긁어 버린다."고 욕설을 하고, 손에 들고 있던 물을 경사 F의 왼쪽 얼굴에 뿌리고, 발로 위 F의 왼쪽 정강이를 1회 걷어찼다.

Accordingly, the defendant assaulted police officers who perform legitimate duties related to criminal investigation.

Summary of Evidence

1. Statement by the defendant at the court (the second trial date);

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to photographs (Evidence No. 41,56 pages);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

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

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no person who has a basic sphere (6 to 1 year and 4 months) of obstruction of performance of official duties (decision of sentence] [decision of sentence] 8 months of imprisonment, suspension of execution 2 years, probation [the defendant has a record of having been punished several times of violent crimes including having received a summary order of a fine of 2.5 million won in 2012 due to obstruction of performance of official duties, etc.] (Provided, That there is no record of punishment exceeding a fine).

3) Circumstances, details, results, etc. of the instant crime

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