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(영문) 수원지방법원 평택지원 2015.08.28 2015고단975

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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. 6. 18. 03:25경부터 03:40경까지 평택시 B에 있는 ‘C’ 유흥주점에서, ‘피고인이 술값을 지불하지 않고 있다'는 112신고를 받고 출동한 평택경찰서 D지구대 경위인 피해자 E(43세)에게 “담배 줘봐”라고 말하였으나 피해자가 이를 거부하자, 위 주점 종업원인 F 등이 있는 자리에서, 피해자에게 “안주면 그만이지 개새끼야! 씨발놈아! 아 놔 씨발새끼! 야이 개새끼야. 야 씨발 좆까고 있네! 개새끼야! 에이 씨발새끼야!”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

2. When the Defendant demanded the presentation of identification cards from G, a policeman belonging to the said earth group, at the same time and place as Paragraph 1, the Defendant committed an assault against the said G by gathering KRW 15,000 from the earth group to the table table, and by gathering KRW 15,00 on the table table, the Defendant “I will go to the house. I will go to the drinking value.” Accordingly, the Defendant committed an assault against the Defendant, i.e., e., g., by “I will har the sark??h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. A written statement;

1. A complaint;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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 Defendant alleged to the effect that the Defendant was in a state of mental and physical disability, such as being drunk at the time of the instant crime, by failing to memory the details of the crime, etc. under the influence of alcohol, and thus, the Defendant was somewhat under the influence of alcohol at the time of the instant crime.