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서울남부지방법원 2013.06.28 2013고단1489
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. At around 18:00 on April 19, 2013, the Defendant interfered with the performance of official duties, on the following grounds: (a) at the C restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant interfered with the performance of official duties by: (b) the slope E belonging to the D District Unit of the Yeongdeungpo-gu Police Station D District, which was dispatched upon the 112 report that the assault case occurred, intended to arrest the Defendant’s daily behavior as a flagrant offender; (c) the Defendant “I with a warrant, and I do not want to do so; (d) I will do so with the Defendant’s arms of the above E slope; and (e) interfered with legitimate performance of duties concerning the police officer’s reporting duties.

2. The Defendant informed the victim E of the act under paragraph (1) at the time and place under paragraph (1) that the victim E may be arrested due to interference with the performance of official duties, and publicly insulting the victim by publicly insultingly speaking the victim as “the victim of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch son,

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles 136(1) and 311 of the Criminal Act and the choice of punishment for the crime, Articles 136(1) and 311 of the Criminal Act, and the choice of imprisonment;

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the defendant's attitude shown in the investigation process after the crime of this case, the defendant has no record of the same kind of crime, and the circumstances, means, methods, and results of the crime of this case, and the punishment as ordered shall be determined.

It is so decided as per Disposition for the above reasons.