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(영문) 수원지방법원 평택지원 2015.02.12 2014고단1990
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. Around 10:45 on October 28, 2014, the Defendant, in front of Pyeongtaek-si B, insultd the victims by saying, “A person under the influence of alcohol is placed in the crosswalk, and shall interfere with the passage of the vehicle.” Around October 28, 2014, the Defendant, upon receiving a report 112, told the victims E who are slopes belonging to the D District Unit in the Pyeongtaek-si Police Station D District, called the victim E and the police officer, who are the police officer, to return home from the victim F, who is the police officer of the Pyeongtaek-si Police Station, called the reporter, etc., “I do not know who the width is, I do not know who is, during his/her work, I do not know who the width is, during his/her participation, I do not know who will do so, and even during his/her work, I want to die.”

2. On October 28, 2014, the Defendant obstruction of performance of official duties: (a) was arrested as a flagrant offender in the Pyeongtaek-si Police Station D District located in Pyeongtaek-si, Pyeongtaek-si; (b) was arrested as an insulting flagrant offender; (c) was sent back several times during the patrol lane, such as patrol gates, glass gates, etc.; and (d) even after being transferred to the D zone, the police officers were able to take a bath to the police officer; and (c) was able to take a large amount of sound by the police officer, etc., left the floor; (d) it was difficult for the police officer to have kid on the floor; and (e) it was difficult for the police officer to put up the Defendant by causing it; and (e) it interfered with the legitimate performance of duties concerning the police officer’s criminal investigation and crime prevention, etc., by assaulting the chest of the above H on one occasion

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to investigation reports and photographs of crime scenes;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment, and Article 31 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

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;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is the accused after proof of alcohol.

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