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(영문) 의정부지방법원 2016.11.03 2016고단3705
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 17, 2016, the Defendant violated the Punishment of Minor Offenses Act on the ground that G, the Defendant of the obstruction of performance of official duties, around 22:10, around “C” located in the Namyang-si, Namyang-si, the Gyeonggi-do Police Station D District Unit of the Gyeonggi-nam Police Station where the street patrol was patroled by “C” and F, who was the Defendant’s daily f, abandoned cigarette butts.

The Defendant, who was dissatisfied with the foregoing police officer, expressed that “I will see whether the police uniform was put in place. I will do so. I will see this gar, x rings, frings, frings, frings, frings, and frings, which will be cut.” The Defendant committed assault by the police officer, including, but not limited to, the instant police officer’s breast part of the chest F in his hand, such as fringing off the front of the above police officer, and assaulting the chest E of the above f in frings on two occasions, and continuing to do so.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the duty of regulating violations of laws.

2. As stated in paragraph (1), the Defendant publicly insulting the victims by putting the victim E and F with a large amount of talking to the victim E and F, “I will see whether only the police uniforms have been put in prison. I will do so. I will see this flus, x strings, strings, strings, weather strings, and nicks, which are cut down,” as stated in paragraph (1) and at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Each complaint;

1. Photographs of the police officer;

1. On-site images closures;

1. Application of Act and subordinate statutes in Chapter 1 of On-Site Video CDs;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) 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 (Mutual Crimes of Obstruction of Performance of Official Duties, and Different Crimes of insult);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishment for the crimes of obstruction of performance of official duties, which

1. Reasons for sentencing under Article 62(1) of the Criminal Act are disadvantageous to the suspended sentence.

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