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(영문) 서울남부지방법원 2015.12.17 2015고단4777
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 8, 2015, the Defendant committed an act of obstruction of performance of official duties on the road located in Guro-gu Seoul Metropolitan City, Guro-gu, 148 Gogu Hospital, with D’s 112 report while putting his pedals on the front of the 148 Gogu University Hospital, and came to be controlled from F (the age of 51) developments belonging to the Seoul Guro Police Station E-gu, Seoul Police Station, which came at the site after receiving the report of D’s 112 report, and tried to f (the age of 51) to f (the age of f (the age of f) to f (the f (the age of f) to f (the f) to f (the f) to f (or (37) to f (the f) to f (or (a) to f) to f

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported duties.

2. 모욕 피고인은 위와 같은 이유로 현행범으로 체포되어 같은 날 01:55경 서울 구로구 H에 있는 E지구대 내에 인치된 후 위 지구대 소속 경찰관, 민원인 등 10여 명이 듣고 있는 자리에서 피해자 경위 I(59세)에게 “야, 씨발새끼야, 내가 뭘 잘못했냐, 나이 많이 처먹은 새끼가 신나가지고, 니 딸래미는 잘 키웠나 보자, 씨발놈아, 세금 그렇게 처먹고 살고 싶냐, 쓰레기 같은 놈”이라는 등으로 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, G, and F;

1. Application of statutes, such as photographs on damage;

1. Articles 136 (1) and 311 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of each of the crimes above) among concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [refer to the lowest sentence according to the criteria for handling multiple crimes] of the Act on the Suspension of Performance of Official Duties] there is no basic area (six to one year and four months), the basic area (six to one year and four months), [decision of sentence] [decision of sentence], and damage caused to each of the crimes of this case.

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