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(영문) 수원지방법원 2018.11.29 2018고단4244

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2018, the Defendant 18:21, at the front of the C agency located in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the U.S.

’ 는 112 신고를 받고 출동한 화성 동부 경찰서 D 지구대 소속 경사 E으로부터 귀가할 것을 수차례 권유 받자 “ 씨 발 놈들 아, 미국 같으면 총으로 쏴 죽인다.

“Abrupted as “,” and with his hand, assaulted the said E with his fingers, such as blicking the said E, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the details and contents of the instant crime, the criminal record, and the criminal record and relationship, etc., there exists a habitive wall that consumes alcohol to the Defendant in light of Article 62-2 of the Criminal Act, Articles 44-2 and 2-3 of the Medical Care and Custody Act (the details of the instant crime, and the criminal record and relationship of the Defendant);

The reason for sentencing is also recognized, and there is also the need to receive the risk of recidivism and the outpatient treatment.

1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), which is minor in the application of the sentencing criteria (the scope of a recommended punishment).

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

A favorable circumstances: The degree of assault and obstruction of official duties exercised by the defendant is not limited, and the circumstances that there is no record of punishment for interference with official duties: The defendant has been punished for a crime committed while in his/her main service.