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(영문) 인천지방법원 2014.11.19 2014고단4399

공무집행방해

Text

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

Reasons

Punishment of the crime

On October 19, 2010, the Defendant was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court. On May 11, 2012, the Incheon District Court sentenced 6 months of imprisonment for the crime of obstruction of performance of official duties, etc., and completed the execution of the said sentence at the Gwangju Prison on February 24, 2013.

피고인은 2014. 3. 30. 05:35경 안산시 상록구 상록수로 54 에 있는 공영주차장 앞길에서 지나가는 여학생들에게 시비를 거는 등 소란을 부리다가, 신고를 받고 출동한 안산상록경찰서 C지구대 경위 피해자 D(44세)으로부터 귀가할 것을 권유받자 ‘씨발 경찰관이면 다냐, 개새끼야, 짭새가 하는게 뭐냐’고 욕설하며 피해자의 가슴 부분을 주먹으로 1회 때려 공공질서 유지 등에 관한 경찰공무원의 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Before judgment: Application of Acts and subordinate statutes to inquiry reports, investigation reports (Attachment of judgment), investigation reports (prior convictions, confirmation, etc. of repeated crimes), individual number of persons and current status of confinement;

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

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the Defendant is not familiar with the repeated offender of the same crime, and committed the instant crime, and thus, sentenced to the sentence.

The defendant shall be sentenced to punishment as ordered in consideration of the defendant's age, character and conduct, environment, motive and circumstances leading to the crime of this case, circumstances after the crime of this case, etc.