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(영문) 부산지방법원 서부지원 2018.07.17 2018고단219
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 22, 2018, the Defendant obstructed the performance of official duties at D's station located in Busan, Seo-gu, Busan, on the following occasions: (a) the Defendant: (b) was at the D's station located in Busan, which was under the influence of alcohol with customers, and was asked to inquire of the police officer about the background of the instant case from the police officer F of the E's seat, and the patrol officer, who was called up after receiving a report of 112 out of the trial expenses; (c) the Defendant took a bath to the police officer; (d) sent the F to the wall; (e) sent the B's bridge toward the wall; and (e) assaulted the police officer G's lecture course on three occasions following it.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. 모욕 피고인은 제 1 항과 같은 일시, 장소에서, 피고인과 시비가 되었던 사람들 및 술집 손님들이 여러 명이 있는 자리에서 위와 같이 112 신고를 받고 출동한 경찰관 피해자 F, 피해자 G에게 ‘ 씨 발 짭새 새끼야, 너 거 엄마 보지나 빨아 라’ 라는 등으로 큰소리로 욕설을 하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the F and G police statements;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs concerning interference with performance of official duties;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 (The following sentencing shall be considered in favor of the accused during the period of suspension of execution):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the protection and observation of the order to attend a lecture and Article 62-2 of the order to attend a lecture constitutes a crime of insult, which prevents legitimate performance of official duties by selecting a police officer dispatched after receiving a report, etc.

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