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(영문) 수원지방법원 성남지원 2016.06.29 2016고단902

공무집행방해등

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 became final and conclusive.

Reasons

Punishment of the crime

1. On February 19, 2016, the Defendant: (a) reported that the Defendant did not pay the drinking value on the street in front of the mother market C farm in Seongbuk-gu, Sungnam-gu; (b) the Defendant was a victim who was dispatched to the site after receiving a report from 112; (c) the Defendant was fluoring the Defendant, who was a policeman belonging to the Sungnam-gu Police Station D Zone of the Sungnam Police Station of the Sungnam-gu Police Station beyond the floor; and (d) the Defendant was fluored by the police.

씨 발 놈 아. 좀 봐줘. 개새끼야. 나 돈 없어. 개 새끼야. ”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

2. 공무집행 방해 피고인은 전항 기재 일시, 장소에서 전항과 같이 위 성남 중원 경찰서 D 지구대 소속 순경 E에게 욕을 하고 바닥에 있던 콘크리트 조각을 지나가는 행인에게 던져 위 순경 E이 이를 제지하면서 피고인을 모욕죄의 현행 범인으로 체포하려 하자 E에게 “ 씨 발 놈 아, 돈 없어 ”라고 욕설을 하면서 발로 E의 왼쪽 허벅지를 2~3 회 걷어찼다.

Accordingly, the defendant interfered with the police officer's 112 report processing, maintenance of order, and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) and Article 311 of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment for the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommendations] / [the grounds for sentencing under Article 62(1) of the Criminal Code / [the scope of recommendations] / The basic area (f.e., interference with the performance of official duties and the coercion of duties in June through January 4) (n.e., no person subject to a special sentencing] / [a person subject to a sentence] / (a person subject to a special sentencing] unfavorable circumstances: A normal circumstance that is not agreed with the victim: confessions and reflects the fact that there is no history exceeding the fine; there is no record of exceeding the fine; and the health conditions are not good. The above conditions and the defendant’s age, sex, environment, degree of damage