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(영문) 서울동부지방법원 2015.02.25 2014고단3501
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 22:00 on October 27, 2014, the Defendant: (a) expressed that the victim F, a police officer belonging to the Gwangjin-gu Seoul Special Metropolitan City E-gu Police Station E-gu Seoul Special Metropolitan City Police Station, voluntarily moved to a traffic accident investigation team in relation to the investigation of the traffic accident from the victim, and voluntarily proceeded to a traffic accident investigation team in relation to the investigation of the traffic accident from the victim police officer G, and the victim police officer, who was requested to voluntarily move to the victim, during the victim’s compliance, the Defendant said that “this son, the police son, the same bit bit bit bit bit bit bit bit bit bit bit bit bit.”

Accordingly, the defendant insultd the victims openly.

2. At the same time and place as above, the Defendant: (a) arrested the Defendant as a flagrant offender on the criminal facts set forth in paragraph (1); and (b) plucked up G with the body of the body about to board the patrol vehicle; and (c) assaulted G hand by plucking, plucking, etc. of G hand.

As a result, the defendant interfered with the 112 report processing by police officers and the legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of F, G, H and I

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

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties (Obstruction of Performance of Official Duties and Compelling of Duties)

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