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(영문) 수원지방법원 평택지원 2015.04.30 2015고단258

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. 모욕 피고인은 2015. 2. 1. 00:20경 평택시 C에 있는 D지구대에서, 택시 무임승차로 조사를 받던 중 D지구대 소속 경사 피해자 E가 피고인의 신원을 확인하려 하자 이에 화가 나 수명의 동료 경찰관들이 있는 가운데 위 E에게 “야, 씨팔놈아, 뒤지려면 똑바로 뒤져라, 병신새끼야, 내가 형사계장이다, 짭새야!”라고 큰소리로 말하고, 이후 현행범체포를 당하자 이에 화가 나 수명의 동료 경찰관들이 있는 가운데 피고인을 감시하고 있던 D지구대 소속 경위 피해자 F에게 “야, 씹새끼야 수갑 풀어, 다 쓸어버린다, 죽여 버린다, 좆만한 새끼들아!, 밥풀때기, 너 좆자지다.”라고 큰소리로 말하여 피해자들을 각각 모욕하였다.

2. On February 1, 2015, the Defendant: (a) was arrested while staying home at Pyeongtaek-si Police Station located at the center of Pyeongtaek-si, 67, due to the act described in the preceding paragraph at around 02:50 on February 1, 2015; and (b) took care of the fact that he was investigated by the police; (c) took care of the fact that he was investigated by the police; and (d) took care of G (23) who was working at the front place of the said police station’s 112 knife at the police station; and (d) took a bath to the police station

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the maintenance of public security and order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Articles 136 (1) and 311 of the Criminal Act applicable to the crimes;

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 scope of recommendations for the obstruction of performance of official duties, the sentencing guidelines for sentencing of Article 62-2 of the Criminal Act on probation and community service order: The consideration of all circumstances, including the absence of criminal records for the suspension of execution of official duties in the basic area (6 to 1 April), the basic area (6 to 1 month) of the obstruction of performance of official duties;