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(영문) 수원지방법원 성남지원 2017.06.09 2017고단162

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 20, 2016, the Defendant: (a) around 21:05 on December 20, 2016, at the front of the Sinnam-si C, Sungnam-gu, the Defendant was at the time of a traffic accident where “the drunk was not

주장한다’ 는 내용의 112 신고를 받고 현장에 출동한 성남 수정경찰서 D 파출소 소속 경사 E, 순경 F이 피고인에게 사건 경위에 관하여 묻자, “ 씹새끼야, 개새끼야, 어린 새끼가 건방지게 까분다 ”라고 욕설을 하며 손으로 E의 복부를 4회 정도 찌르고, 손바닥으로 E의 얼굴을 1회 때려 폭행하고, E가 착용하고 있던 전자 충격 기( 테이 저 건 )를 손으로 툭툭 치며 “ 야 이 자식아, 이 걸로 널 쏴 버리고 싶다, 한번 꺼내서 쏴 볼까 ”라고 하는 등 협박하였다.

As a result, the defendant interfered with the police officer's 112 reporting duty and the legitimate execution of duty on the investigation of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Application of statutes on site photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Circumstances unfavorable to the decision of sentence: The crimes committed in this case are considerably bad in light of the circumstances of each crime in this case, the degree of violence, the circumstances before and after the crime, etc., and favorable circumstances such as the defendant's previous convictions and records of violence: The confession and reflects by the defendant, and the degree of violence against police officers is heavy.

The punishment shall be determined as per the order, taking into account the circumstances under Article 51 of the Criminal Act, the scope of the recommended punishment according to the sentencing guidelines, such as the fact that it is not visible.