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(영문) 대전지방법원 홍성지원 2017.09.26 2017고단493

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2017, at the main point of "C" located in Chungcheongnam-nam Budget Group B around 01:00, the Defendant reported that the Defendant avoided disturbance without any drinking value, and the police officers, such as E, etc., sent to the site after receiving a report from 112 that the Defendant took away the Defendant from the main point of view, and let the Defendant return home and return home, and then the Defendant attempted to accept it at the site, and whether the “I leave how I leave it and you leave it.”

야 이 짭새새끼들아 우리 작은 형이 경찰관이다 ”라고 욕설을 하면서 E 경위에게 다가가 오른손으로 E 경위의 왼쪽 목 부위를 1회 때려 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the dispatch of report and the handling of report cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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. The legitimate exercise of public authority by the State with reason of sentencing Article 62-2 of the Social Service Order Criminal Act should be protected for peace and safety of all citizens, including the Defendant himself/herself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, considering the fact that the defendant repents and reflects his mistake, the degree of assault is relatively minor, and there are no criminal records in the same kind of crime, the defendant's age, sex, environment, etc., the punishment as the order shall be determined in consideration of all the sentencing conditions shown in the arguments in this case, including the defendant's age, sex, environment, etc.