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(영문) 전주지방법원 2014.02.06 2013고단2527
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 4, 2011, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act at the Jeonju District Court on May 4, 201 and completed the execution of the sentence on November 2, 201.

1. 모욕 피고인은 2013. 8. 30. 00:12경 전주시 덕진구 C에 있는 D주점에서 음주소란 신고를 받고 출동한 전주덕진경찰서 E지구대 소속 경사 F이 귀가를 종용하자 당시 위 D주점에 있던 업주 G, 종업원 H, 종업원 I 등이 보는 가운데 피해자 F에게 "야, 씹헐놈아! 야 임마! 야 개새끼야! 후리아들놈아! 니미 좃같은 새끼"라고 수차례 큰 소리로 욕을 하여 공연히 피해자를 모욕하였다.

2. On August 30, 2013, the Defendant: (a) arrested a flagrant offender as a flagrant offender on the same content as Paragraph (1) on August 30, 2013; and (b) in the course of transferring a document for arresting a flagrant offender to the police officer in charge of the instant case, the Defendant assaulted the victim F, on his own hand, the victim F, with the victim’s back-to-face part of the back-to-face part of the Seoul Police Station E-gu Police Station E-gu Seoul Police Station E-gu, Seoul Police Station E-gu, Seoul Police Station; and (c) the slope J, with the victim’s desire to “Ye, Mama, Mama, Hak, Hak, and nice schie.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the transfer of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Written Statement;

1. Previous records: Application of the Acts and subordinate statutes concerning inquiry reports, such as criminal records, and personal identification and confinement status;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the fact that the defendant has led to the confessions and reflects of the crimes of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 (limited to the extent that the long-term punishment of the above two crimes is aggregated) of the Criminal Act, one million won has been deposited for the recovery of damage, and the defendant's wife suffers from disability.

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