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(영문) 대전지방법원 2013.11.28 2013고단2188
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 May 29, 2013, the Defendant engaged in the obstruction of performance of official duties: (a) at the D Elementary School guard room located in Seo-gu Daejeon, Daejeon on May 29, 2013; (b) at the D Elementary School guard room in Seo-gu, Daejeon; (c) “influences his/her father,” during the search and delivery, interviews his/her assistant principal, talks with his/her pedal; and (d) during the interview, he/she saws his/her leader as a public educational official, who was subject to the above E’s restraint from the above school building E, and gets off his/her part of the right side of E, which was collected to E.

As a result, the Defendant interfered with the legitimate execution of duties concerning classes and administration in the school.

2. While the Defendant was under investigation by the victim G, a slope belonging to the Seoul Western Police Station F District Police Station, who was dispatched upon receipt of a report on the instant case from the victim G, the Defendant sexually insultingd the victim by having the victim “whether or not he or she would have been detained with his or her father and having 4 to 5 children of the above elementary school,” and referring to the victim “I will have been detained with his or her mother, so he or she would have been unfased with his or her wre off, she would have been flad with his or her wre, she would have been flad with his or her fore, he or she would have been flad with his or her fore, he or she.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and G;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

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 (see, e.g., Article 62 (1) of the Suspension of Execution);

1. Article 62-2 of the Criminal Act on Probation (the risk of repeating a crime in light of the repeated crime committed under a somewhat unstable state of the mental state);

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