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(영문) 서울서부지방법원 2018.09.14 2018고단2534
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around May 13, 2018, the Defendant, at around 22:38, 2018, insultingd the victims by openly insulting the victims by referring to “D” in the mutual restaurant of “D” located in front of the building in Eunpyeong-gu Seoul, Seoul, and 112, who was going to the site after receiving 112 report while avoiding disturbance, the circumstances leading up to the position of the Seoul Western Police Station E District, and the victim F of the E District in Seoul Western Police Station E District, who was called to the site after receiving a request for returning home from H and the indivists, while refusing to comply with the request, while the victims of the 112 report are heard by the H and the indivists.

2. On May 13, 2018, the Defendant interfered with the performance of official duties, at around 22:50 on May 13, 2018, and at around 23:00 on May 13, 2018, arrested a flagrant offender for an insulting offense, as described in paragraph (1), and went to the E Zone located in Eunpyeong-gu Seoul, Seoul on the same day on the same day, and obstructed the police officer’s legitimate performance of duties concerning the treatment of personal illness by taking advantage of the police officer’s left face one time by drinking the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and G;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 311 of the Criminal Act (the point of insult and the choice of imprisonment);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes. Article 50 (Joint Crimes of Defluence);

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;

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