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(영문) 서울남부지방법원 2017.05.01 2016고단6334
공무집행방해
Text

Defendants shall be punished by imprisonment for three months.

However, from the day this judgment became final and conclusive, the Defendants are above one year each.

Reasons

Punishment of the crime

1. On November 15, 2016, at around 00:40, Defendant A reported at the front of Gangseo-gu Seoul Metropolitan Government, 112, which was under the influence of alcohol, used Defendant A to take a bath to police officers F, who belong to the police station Ear unit of the Gangseo-gu Police Station, called on the site of the instant case, used the right shoulder part, pushed down the right shoulder part, and assault Defendant A F.

Accordingly, the defendant assaulted F police officers F, thereby obstructing his legitimate execution of duties concerning the prevention of crime.

2. 피고인 B은 제 1 항 기재 일시, 장소에서 피해자 F에게 “ 씹할 놈의 개새끼야. 병신 같은 새끼야. 미친 짭새 새끼야. ”라고 말하는 등 다수인이 지켜보는 가운데 공연히 피해자 F를 모욕하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with respect to F;

1. Application of the respective laws and regulations of D and G;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Article 136 (1) of the Criminal Act (Selection of Imprisonment): Defendant B: Article 311 of the Criminal Act (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The sentencing reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order, Defendant A was the first offender, Defendant B committed another crime despite having been punished several times, and the victim wants to punish the Defendants, the Defendants led to confession and reflect of the crime, the Defendants’ age, sexual conduct, circumstances after the crime, family relationship, and other various sentencing conditions indicated in the theory of recording and change.

It is so decided as per Disposition for the above reasons.

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