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(영문) 인천지방법원 2013.08.14 2013고단3042

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to two years of imprisonment with prison labor for the crime of damage to public goods at the Incheon District Court on January 5, 2012, and the execution period becomes final and conclusive on January 13, 2012.

【Criminal Facts of Crimes】 On June 3, 2013, around 13:50 on June 3, 2013, the Defendant: (a) had an accident of shocking D’s freight cars that the Defendant parked on the street in front of the Nam-gu Incheon Metropolitan City, due to the following: (b) there was an accident of shocking D’s freight cars; (c) there was a debate about the victim F(54) who is an assistant belonging to the Incheon Southern Police Station E-gu Incheon Southern Police Station E-gu and its report

이때 피고인은 자신이 잘못한 사고가 아니라고 주장하며 화를 냈고, 피해자로부터 보험처리를 하는 것이 어떻겠느냐는 말을 듣게 되자, 사고처리에 대한 불만을 품고 화가 나 “씨벌놈아 개새끼야 경찰관이면 다냐”라고 소리치며 주먹으로 피해자의 왼쪽 안면부를 1회 때리고, 발로 오른쪽 정강이를 5-6회 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties by police officers on traffic accident management, and at the same time, the defendant failed to keep the right side which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Although there are favorable circumstances for the defendant, such as the recognition of the defendant's mistake and reflects on his or her fault, the defendant can be punished for violent crimes, the crime of this case is very poor because he or she did not know even though he or she had been under the suspension period of the execution of the same kind of crime, the crime of this case is not received from the victim, and the age, character, conduct and behavior of the defendant.