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(영문) 서울북부지방법원 2014.12.11 2014고단3073
모욕등
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. At around 01:05 on September 6, 2014, the Defendant: (a) expressed a desire to a person under the influence of alcohol on the street in front of “Drata” located in Dongdaemun-gu Seoul, Seoul; (b) was urged to return home from the victim of the light of the police station located in the Dongdaemun-gu Seoul East Police Station E-gu, Seoul who was called upon receiving a report; and (c) did not comply therewith; and (d) the victim was aware of the address of the Defendant’s domicile to take measures for returning home to the Defendant on the patrol vehicle; and (d) the victim was openly insulting the victim by saying, “I do not know about, and I do not know about, the police frat.”

2. The Defendant, at the same time and place of the obstruction of performance of official duties, obstructed legitimate execution of duties in relation to the measures to protect the taking by the police officers on the part of the next police officers on several occasions, on the following occasions, in order to take the Defendant’s returning home, such as the defect that the Ha and the Hae F, belonging to the above E District, attempted to board the Defendant at the patrol team, h and the Hae F, on one occasion with the hand floor of the above H’s head head, and on the back seat, caused the Defendant to take the bucks of the above F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Investigation report ( telephone conversations between shots G);

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 311 and 136 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant has been punished several times by violence, etc., but again commits the instant crime under the influence of alcohol. However, the Defendant’s act before and after the commission of the instant crime, the background of the instant crime, the form of the crime, the circumstances after the commission of the crime, and the circumstances after the commission of the crime.

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