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(영문) 인천지방법원 2016.07.15 2016고단2881

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s insult on May 4, 2016, at around 22:40, in front of the front door of the original apartment house by the Pungnam-dong 721, Nam-gu, Incheon, Nam-gu, Seoul, the Defendant is enjoying the right to the road.

” 는 내용의 112 신고를 받고 현장에 출동한 인천 남부 경찰서 C 지구대 소속 경찰 관인 피해자 D으로부터 귀가를 권유 받자, 위 아파트 거주자인 E 등이 지켜보는 가운데 피해자에게 “ 짭새 새끼가, 이 씨 발 놈들이. 누가 신고했냐.

짭새 새끼들. 요즘 짭새 새끼들 다 이래. 병신 같은 놈.” 이라고 큰 소리로 말하였다.

Accordingly, the Defendant publicly insultingd the victim.

2. On May 4, 2016, at around 22:40, the Defendant: (a) committed assault against D, such as taking a bath at a slope, a police officer belonging to the Incheon Southern Police Station C District, who was dispatched to the site upon receiving a report of 112, such as the statement in paragraph (1), and 22:41, in front of the original apartment house located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; and (b) taking a bath to D; (c) booming D’s flaps, pushinging the shoulder; and (d) displaying D with drinking.

As a result, the defendant interfered with the legitimate execution of duties concerning the maintenance of public peace and order related to 112 report processing by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

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

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for the surveillance of protection and surveillance of the crime of insult that has no basic area (from June to January 4) (the crime of insult that has no special sentencing person) (the lower limit of the recommended punishment is not an offense subject to the sentencing guidelines, and the crime of insult that has no special sentencing person is limited to the lower limit of the recommended punishment.

[Determination of Sentence] Six months of imprisonment and two years of suspension of execution.