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(영문) 수원지방법원 2016.06.15 2016고단1711
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 16, 2016, the Defendant interfered with the performance of official duties, at the Dong-si Police Station C (Seoul-si, Gyeonggi-do) Police Station C (Seoul-si, Gyeonggi-do) on the grounds that the police officer D and assistant E were arrested the Defendant as a current offender driving alcohol and investigated the Defendant, and assaulted the water inside the chip World Cup, which the Defendant used, one time, on the face of the said D.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the crackdown on driving of alcohol and investigation.

2. The Defendant, at the time, at the place, and at the place, and at the time, the civil petitioner F, sound the victim D and the victim E “A bitch of a bitch bitch.”

The victims were openly insultingd by referring to “a strue all the released landscapes,” and “the sum of the oil, gushee or the aged and the aged are the same as gushee or the gushee,” respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D and E;

1. Photographs of damage situations;

1. A 112-Report paper, CCTV image reading photograph;

1. Application of Acts and subordinate statutes to report on investigation (F telephone investigation for witnesses);

1. Article 136(1) and Article 311 of the Criminal Act and the choice of imprisonment with labor for the crime concerned;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] : (a) there is no person who has been punished by a fine for driving under drinking in six months; (b) the Defendant had been under the influence of driving under drinking in three times; and (c) the police was under the police investigation by driving under drinking in three times; and (d) the police officer was under the influence of drinking in the course of performing his official duties. The police officer’s awareness of the honor of the relevant police officer by publicly insulting and openly insulting the police officer’s desire to take care of and openly insulting the police officer, thereby seriously impairing the police officer’s reputation.

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