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(영문) 인천지방법원 2014.06.12 2014고단2476

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

피고인은 2014. 3. 13. 22:30경 인천 서구 B건물 10동 앞 노상에서 대리운전 요금을 지불하지 않는다는 112 신고를 받고 출동한 인천 서부경찰서 C 파출소 소속 경위 D로부터 요금을 지급하라고 요구받은 것에 화가 나 “니미 씨벌 조까네, 니가 뭔데 지랄이냐, 병신 똘아이 같은 게 까분다”라고 수차례 욕설을 하고, 오른손으로 D를 밀치는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. E statements;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law;

2. Application of the sentencing criteria;

(a) Determination of type: [13] Obstruction of Performance of Official Duties, 01. Obstruction of Performance of Official Duties, 3. Obstruction of Official Duties

(b) Persons who have been specially adopted: Reduction elements (where the degree of violence is insignificant); and

(c) General persons: No person;

(d) Scope of recommendations: Reduction area, one month to eight months; and

3. Determination of sentence: Imprisonment with prison labor for not less than four months, one year of suspended sentence, community service, 80 hours [holy under the circumstances] and there is no criminal record of suspended execution or more than a fine in addition to a fine by not later than 3 times until 2008, minor extent of violence, reflector [no endeavor to commit violence to police officers in the course of performing their duties] and make no other effort to defend themselves from damage;