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(영문) 춘천지방법원 2015.04.20 2014고단1309

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 모욕 피고인은 2014. 11. 2. 21:45경 춘천시 C 소재 춘천경찰서 D지구대 사무실에서 우연히 그곳에 방문한 기자 E과 위 지구대 소속 경찰관 F, G, H, I이 듣고 있는 가운데 피해자인 경찰관 J에게 피고인을 협박 혐의로 신고한 여자친구를 찾아내라며 "야 짭새 씹새끼들아, 미친 경찰 개새끼들아, 다 죽인다."라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

2. The Defendant committed an assault by the police officer on the ground of the date and time set forth in paragraph (1) of this Article, and at the place of the performance of official duties, the Defendant committed an assault, such as cutting down the H’s left hand hand hand by hand, and pushed down the H’s chest by hand by hand, with his hand, in order to mislead the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and H;

1. E statements;

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

1. Relevant Article 136(1) and Article 311 of the Criminal Act and the choice of punishment for the crime, Articles 136(1) and 311 of the Criminal Act, 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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of obstruction of the performance of official duties [Punishment of Crimes of obstruction of the performance of official duties] / Forced execution of official duties (Scope of sentence of recommendation] 6 months to 1 year and 4 months (basic area)

B. Since the sentencing guidelines for handling multiple crimes consisting of the crimes of obstruction of performance of official duties and the offense of insult against which no sentencing guidelines are set, the lower limit of the recommended punishment according to the sentencing guidelines for the crime of obstruction of official duties shall be observed.

2. Each of the crimes in this case committed by a police officer with respect to the maintenance of order shall interfere with legitimate duties of the police officer, insult him, and the nature of the offense is serious.