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(영문) 수원지방법원 2019.11.28 2019고단5084

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 became final and conclusive.

Reasons

Punishment of the crime

피고인은 2019. 8. 24. 02:15경 용인시 처인구 B건물 앞길에서 C 등 주민들이 있는 가운데, 112신고를 받고 출동한 용인동부경찰서 D파출소 소속 경장인 피해자 E의 턱 부위를 팔로 휘둘러 때리고 피해자에게 다가서서 밀치고 “일대일로 맞짱 떠보자”라고 말하며 위협하고, 계속하여 피해자에게 "봤냐 병신 새끼야, 니네 애미한테 전화할께 열 받지 병신아 너 씨발 그 지랄 떨라고 니 애미가 법 공부 시킨 줄 아냐, 번호 알려 줄테니까 내일 만나 병신새끼야" 라고 말하였다.

Accordingly, the Defendant assaulted the victim to interfere with the legitimate execution of duties concerning the maintenance of order of the victim, and insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Investigation report (Attachment to a flamp and image);

1. Application of the Acts and subordinate statutes to the photographs and insult of victimized police officers;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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

1. The act of obstructing the performance of official duties by a police official who wears his uniform and insulting him for the reason of sentencing under Article 62(1) of the Criminal Act is not against the punishment for such crime.

However, in light of the fact that the defendant recognized the crime and reflects the wrong, the criminal records (one time juvenile protective disposition and one time suspension disposition), the fact that the defendant appears to have committed the crime of this case in the condition of detention, the contents and degree of obstruction of official business, the circumstances after the crime, and other various sentencing conditions in pleading, the punishment as ordered shall be determined as per Disposition.