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(영문) 춘천지방법원 원주지원 2014.11.27 2014고단881
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 August 21, 2014, the Defendant used obstruction of performance of official duties: (a) on the front side of the D Apartment House in the Hanju City, on the ground that the F-si operated by E did not move to the route he wishes; (b) on the ground that the F-si did not move to the route he wants, he was asked about his personal information from H during the region belonging to the Kuju Police Station G District, which was dispatched after receiving 112 reports, and (c) on the ground that he was asked about the personal information from H, who was called up, the Defendant assaulted, including, but not limited to, the flabing of the H for about ten (10) minutes.

Accordingly, the defendant interfered with the proper execution of duties of police officers on the maintenance of public order and criminal investigation.

2. Around August 21, 2014, the Defendant was arrested as a flagrant offender under suspicion of interference with the performance of official duties as above, and was escorted to the investigation into the original police station and the detention room around August 22, 2014.

피고인은 위 유치장 내에 입감되는 과정에서 위 경찰서 유치관리팀 피해자 경사 I, 피해자 경사 J로부터 신체검사를 받게 되자 위 유치장 내 유치인 K 외 2명이 듣는 자리에서 "돼지같은 새끼야, 이 새끼들아, 건드리지 마라"고 하며 욕설을 하고, 유치실에 입감된 후 계속하여 “내가 뭣 때문에 잡혀왔는지 말을 하라. 돼지 같은 새끼, 개새끼”라고 큰 소리로 말하여 약 30분간 공연히 피해자들을 각각 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the laws and regulations of I and J;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the kind of punishment by imprisonment with prison labor ( Taking into account the previous conviction of the same kind, the patterns of the instant crime, etc.);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Article 62 (1) of the Criminal Act (see, e.g., reflectiveness and specified amount of deposit);

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