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(영문) 수원지방법원 안산지원 2016.02.25 2015고단4204
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant who interfered with the performance of official duties is the Gu of Ansan-si on November 17, 2015

B. On the third floor corridor, the Defendant interfered with the legitimate police officer’s duties related to the prevention of crimes, such as cutting off the slicker to D, slicker D’s chest and left slicker D’s slicker, slicker D’s slicker, etc., who wanted to take a big slicker D’s slicker, and slicker D’s slicker and left slicker.

2. In a case where the Defendant was arrested as an offender in the act of committing a crime under paragraph (1) in Ansan-si, 2015, around November 17, 2015, the Defendant: (a) was arrested in the act of committing an act of committing a crime under paragraph (1); (b) 30 minutes after the civil petitioner’s observation, the Defendant follows three persons: (c) the victim guard F, the victim slope G, and the victim guard H for about 30 minutes during the process of the civil petitioner’s observation.

"라고 욕설을 하고 계속하여 피해자 경장 H에게 “ 보지 같은 년 아 보지를 핥아 줄까 씹할 년 아 좆같은 년 아 ”라고 욕설을 하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to D, F, G, and H;

1. Entry of the E-document;

1. Application of each of the visual Acts and subordinate statutes to field photographs;

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, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence of Article 62-2 of the Social Service Order Criminal Act is a case that interferes with the legitimate performance of official duties by a police officer within the basic area (from June to January, 1) of the first type of punishment (in order to prevent the performance of official duties and coercion of duties), which prevents the performance of official duties by a police officer in a district (from June to April), and excessively takes into account the nature and circumstances of a crime, and the criminal history of a crime related to violence (the suspension of execution of imprisonment with labor) is not easy, and the defendant is sentenced to imprisonment with labor.

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