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(영문) 수원지방법원 성남지원 2014.06.20 2014고단1007

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. Around 02:45 on May 12, 2014, the Defendant: (a) informed the victim F, a police officer belonging to the Hannam Police Station E District, dispatched after receiving a report of 112, that the Defendant was unable to pay a fine and was unable to pay a fine; (b) subsequently, the Defendant expressed the victim’s desire to “I am this dog. I will see. I will see. I will die. I will die. I will die. I will die. I will die. I will do so), and made a public insult of the victim’s voice “I am,” which “I am out of the chest.”

2. The Defendant interfered with the performance of official duties of the police officer’s legitimate execution of duties by catching fats of police officers F, who want to carry the Defendant on the date, time, at the place specified in the foregoing 1. Paragraph (1) above, and by threatening the Defendant as if her hand bats and her hand bats his bat, thereby interfering with

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. G statements;

1. Photographs of the victim;

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

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of insult and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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;

1. The sentencing period under Article 62-2 of the Probation Criminal Act was imposed on January 15, 2003 by the Defendant for obstruction of performance of official duties, etc. However, although the Defendant was sentenced to a suspended sentence of October on October 15, 2003, and a fine of 4 million won on October 4, 2010, the punishment shall be determined as ordered in consideration of the fact that the Defendant was committed by committing a crime, and the degree of violence inflicted upon police officers is not much serious.