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(영문) 서울남부지방법원 2018.05.09 2018고단1494
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. 공무집행 방해 피고인은 2018. 3. 24. 23:51 경 서울 영등포구 C 앞 노상에서, ‘ 술 취한 사람이 차를 가로막고 서서 욕한다’ 는 112 신고를 받고 출동한 서울 영등포 경찰서 D 파출소 소속 경찰관 E으로부터 귀가를 권유 받고도 이에 응하지 아니하고 E에게 욕설을 하고, 이를 제지하는 피고인의 처를 밀치고 E이 이를 제지하자 손으로 E의 가슴 부위를 손으로 밀치고 발로 E의 오른쪽 정강이 부위를 1회 걷어찼다.

As such, the Defendant assaulted police officers E to interfere with legitimate performance of duties concerning the prevention of crimes and maintenance of order.

2. Around 00:20 on March 25, 2018, the Defendant expressed that, at the place indicated in paragraph (1) around 00:20, the Defendant was arrested in the act of interference with the performance of official duties, such as the description, and moved to a police box of the Seoul Yeongdeungpo-gu Police Station located in Seoul, Yeongdeungpo-gu, Seoul, and around 00:30 on March 25, 2018, the Defendant expressed the victim E, who is the police officer belonging to the above D police box, within the above D police box, among the civil petitioners, etc., and among the civil petitioners, the victim E, who was the police officer belonging to the above D police box, was “I am off, I am off, and I am off, and am off, I am off, and am off, I am equal to bit bitch son, I am am son, I am off.”

The Defendant openly insulting the victim as such.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. Application of the Acts and subordinate statutes governing photographs to cover damage;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Reasons for sentencing under Article 62(1) of the Criminal Act: (a) the background and content of each of the instant crimes; (b) the degree of assault and damage; (c) the circumstances after the commission of the crime; (d) the criminal records; and (e) the age, career, health status; and (e) family relationship

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