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(영문) 제주지방법원 2015.07.24 2015고단577

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 모욕 피고인은 2015. 4. 26. 01:40경 제주시 C에 있는 D 운영의 ‘E’ 단란주점에서 일행들과 시비 중 신고를 받고 출동한 피해자인 제주동부경찰서 F지구대 소속 경찰관 경장 G로부터 사건경위에 대한 질문을 받자 화가 나 위 D 등이 있는 자리에서 피해자에게 “씨발새끼, 좃같은 것들”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

2. The Defendant engaged in obstruction of performance of official duties at the date, time, and place specified in Paragraph 1, and committed assault by the victim’s knife with the victim’s knife who sees the victim’s phrase “I will not take a bath” from the said victim’s G, and used the victim’s knife as “I will do so.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of the above G, which weared police uniforms.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of CD video-related Acts and subordinate statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 136 (1) and 311 of the Criminal Act and the choice of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two crimes);

1. Suspension of execution: Article 62(1) of the Criminal Act (The following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected in all the facts of the crime, and the circumstances that are disadvantageous to the fact that there is no particular criminal offense except for the punishment once by a fine for the crime related to violence in 2011: The fact that the crime was committed by disregarding public authority and that the nature of the crime is inferior in the motive and form of the crime. It is so decided as per Disposition by the reason that the motive and circumstance of