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(영문) 서울동부지방법원 2015.01.22 2014고단3607
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 27, 2014, around 14:00, the Defendant: (a) asked questions about the circumstances of the instant case from the police officer of the Seoul Mine Police Station Police Station, who was dispatched after receiving the report on the domestic violence case No. 112 in Gwangjin-gu, Seoul Special Metropolitan City, on September 27, 2014; (b) “Ne is coming to his house on his left hand; and (c) tried to walk the above D’s platform once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling 112 reports.

2. 모욕 피고인은 제1항의 범죄사실로 현행범인으로 체포되어 2014. 9. 27. 14:40경 서울 광진구 E에 있는 서울광진경찰서 F파출소로 연행되어 대기하던 중 일반인 G 등 4~5명의 민원인들이 지켜보는 가운데 피해자 D에게 “내가 뭘 잘 못했냐 씨발놈아, 수갑 풀어라. 야, 이 새끼야. 경찰관, 너 이 새끼야. 너 이 새끼 너 나랑 맞짱 뜨자. 이 새끼야, 내가 죽어야 니가 편하지. 경찰 씨발 새끼”라고 큰소리로 욕설하였다.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D, G and H

1. Article 136 (1) and Article 311 of the Criminal Act applicable to the relevant criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines [decision of types] Crimes of the obstruction of performance of official duties, and the basic area of the obstruction of performance of official duties [decision of the recommended area] [decision of the recommended area], six months to one year and four months; and

2. The decision of sentence is made by the defendant, who has no record of being punished for the same kind of crime, the fact that the serious result does not occur, the fact that the defendant is contingent, and the age, character and conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime, and the latter.

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