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(영문) 서울동부지방법원 2017.08.23 2017고단2243
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

The public prosecution against insult is dismissed.

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to one year of suspension of execution of official duties at Seoul Northern District Court on June 6, 2016, and the judgment became final and conclusive on August 19, 2016.

On July 21:53, 2017, the Defendant: (a) committed assault against the police officer D before Gwangjin-gu Seoul Special Metropolitan City who received an identification card and expressed his desire to return home; and (b) committed assault against D, at the price of the face of D, promptly color bank in his possession, and thereby interfered with the legitimate execution of duties concerning the handling of D 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made D;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Determination of penal provisions, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Act on the Punishment of Police Officers who performed public duties during the period of the same suspended execution on December 30, 2016 and were punished by a fine of two million won, and Article 136(1) of the Act on the Punishment of Criminal and the Act

1. The Defendant, on July 9, 2017, has been seated on the road while complying with the pedestrian prior to Gwangjin-gu Seoul Special Metropolitan City, around 21:53.

“A police officer, without any particular reason, shall be urged to return home from the victim D, who is the police officer belonging to the Seoul Mine Police Station E box, dispatched to the site after receiving 112 report;

Sicks, as soon as possible, are potable by ordinary people.

The victim openly insultingd the victim by referring to “a bit of bitch bit of a bitch,” “h,” “h,” etc.

2. Provisions applicable to judgment: Article 311 of the Criminal Act / Cases subject to prosecution subject to prosecution: Article 312(1) of the Criminal Act / Decision not to submit a written application for punishment of a victim after prosecution / Decision not to dismiss a public prosecution: Article 327(5) of the Criminal Procedure Act

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