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(영문) 인천지방법원 2015.10.07 2015고단4580

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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. 5. 23:40경 인천 남동구 D 앞 도로에서 교통사고 관련 112신고를 받고 출동한 인천남동경찰서 E지구대 소속 경찰관인 피해자 F 경사, 피해자 G 순경으로부터 인적사항을 파악하기 위해 신분증 제시를 요구받자 ‘'야 씨발 새끼야 좃 같은 새끼야 좆나 웃겨 씨발 좃 같네 다 죽여 버릴거야'라고 큰소리로 욕설하여 교통사고 관련 민원인 H, I 등이 있는 자리에서 공연히 위 피해자들을 모욕하였다.

2. The Defendant engaged in obstruction of performance of official duties on the ground as above, who was arrested as a flagrant offender committing a crime of insult on the ground as above, committed assault by the police officer G on three occasions due to his head.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [Scope of Recommendation] There is no basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months). [Pronouncement Decision] - Normal circumstances that reflects favorable circumstances: the fact that there is no significant damage to police officers - that there is two times the previous department of the obstruction of official duties, and the fact that there is no high quality of the crime of this case.