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(영문) 수원지방법원 안양지원 2019.02.13 2018고단2024
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. On December 3, 2018, the Defendant: (a) threatened the victims of a speech or behavior that appears to be likely to cause harm, such as “ how to face a soldier’s disease,” “I am b off,” “I am b off,” and “I am cam cam,” on the ground that the victim E, a police official belonging to the Ansanan Police Station C District District Police Station, who was a police official belonging to the 112 reported and dispatched after being asked about whether he/she wishes to pay the alcohol value; and (b) expressed that the victim E, who was a police official belonging to the 112 police officer belonging to the Ansanan Police Station C District, who was a police official belonging to the 1.12 reported and called “I cam cam”.

Accordingly, the defendant interfered with legitimate execution of duties concerning 112 reporting processing duties by intimidation.

2. The Defendant, at the time and place of the statements in the preceding paragraph, expressed that “F, etc., who are the head of the packaging package to the victims mentioned in the preceding paragraph, openly insultd the victims by referring to “I am feasia, soon, e.g., e., e., e., g., e., e., g., e.,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. Each complaint;

1. 112 reported case handling table;

1. Video data CDs;

1. Application of the Act and subordinate statutes to investigative reports (investigation into video images taken by police officers accompanying the police officer and CDs of video materials);

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. The indictment under Articles 40 and 50 of the Commercial Concurrent Crimes was omitted in the indictment, but it appears that the application of the provisions of the Acts is erroneous, and it is not likely that the defendant's right to defense is infringed, thereby adding ex officio.

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, Article 60 (3) of the Juvenile Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is the defendant's uniform.

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