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(영문) 서울서부지방법원 2013.07.16 2013고정1028
공무집행방해등
Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, 50.

Reasons

Punishment of the crime

1. The Defendants are married with the obstruction of performance of official duties.

At around 15:30 on August 7, 2012, the Defendants were found to have violated the traffic signal from F to a policeman belonging to the Seoul Mapo-gu Seoul Mapo-gu Police Station E zone E zone, and Defendant A resisted the dissatisfaction, and Defendant B assaulted the F's two arms in two hands, Defendant B was f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f', and f's f's f' f

Accordingly, the Defendants jointly interfered with the legitimate execution of duties by police officers on traffic control.

2. 모욕 피고인 A은 위 제1항 일시ㆍ장소에서 의경 G 및 위 피고인의 자녀들이 보는 가운데 피해자인 순경 F에게 “이 씨발 개새끼야, 내가 뭘 위반했어 지랄하지마라 개새끼야, 어린놈의 새끼야 꺼져라, 병신같이 생겨가지고”라는 등 수회 욕설을 하여 피해자를 공연히 모욕하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement concerning G and F;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 136(1) and 30 of the Criminal Act (the point of obstructing the performance of official duties, the choice of fines), and Article 311 of the Criminal Act (the point of insult and the choice of fines)

B. Defendant B: Articles 136(1) and 30 (Selection of Fine) of the Criminal Act

1. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Defendant B of suspended sentence: It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (including a suspended sentence: a fine of 300,000 won, a fine of 50,000 won in unpaid case, and a fine of 1 day converted, a detention in a workhouse for a period converted into one day, and a criminal history against the Defendant).

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