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(영문) 인천지방법원 2014.07.24 2014고단3921

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 5, 2014, at around 08:45, the Defendant heard that he was under the influence of alcohol in front of the Southerndong-gu Incheon Metropolitan City C apartment, and that he was able to return home from E and E and E and E, a police officer belonging to the Incheon Southern Police Station D District to arrive at the site after receiving a report of 112.

피고인은 위와 같은 말을 듣고 일어나서 위 경찰관들에게 “개새끼들아 니들 뭐야”라고 욕설을 하고, 바닥에 떨어뜨린 휴대폰을 주워 건네주는 위 순경 E에게 “내꺼 아니니 니들 마음대로 해 이 개새끼야”라고 욕설하고, 뒤따라가 휴대폰을 건네는 위 순경 E에게 “짭새들아 왜 따라와, 개새끼야 한판뜰래, 좆밥새끼가 깝치고 있어”라고 여러 차례 욕설하면서 배로 밀치고, 왼손으로 위 순경 E의 오른쪽 얼굴을 때리는 등 폭행하여 출동경찰관의 신고업무 처리에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports (where a video data is attached);

1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing criteria;

(a) Determination of type: [13] obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties on 01. [Category 1]

(b) A special breeder: No person;

(c) General persons: No person;

(d) Scope of recommendations: Basic area, six months to one year and four months; and

3. Determination of sentence: Six months of imprisonment with prison labor, two years of suspended sentence (limited to reasonable circumstances) or more, the fact that there is no criminal history of a suspended sentence, the reflectivity of the defendant, the deposit for the victim, the difficult home environment and the growth process (unfavorable circumstances) of a fine of four times due to drinking, assault, etc.;

4. Judgment on the defense counsel’s assertion