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(영문) 수원지방법원 2013.03.21 2013고단267
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 20, 2013, the obstruction of performance of official duties and the Defendant: (a) under the influence of alcohol in front of D’s house located under subparagraph 104 of the building C, Masan-si; (b) walked out of D’s house without any special reason; (c) d’s body and her body from the house; and (d) as D’s body, d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’s d’, f’s h’s h’s h’s h’s h’s h’, thereby interfered with the legitimate of F’.

2. From among the aforementioned dates, places where D and his wife are located, the Defendant expressed the victim F to the victim F, “I am flick, dy, flick, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch,” and expressed to the victim G, “I am flick, I am flick, I am flick, I amba, I amba, I amba, I am the police, I am the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and D;

1. A statement of opinion prepared by a doctor H;

1. Application of victim F and field photograph Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act for the crime concerned, Article 257 (1) of the Criminal Act, and Article 311 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (within the scope of adding up a long-term punishment)

1. Suspension of execution is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.

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