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(영문) 수원지방법원 2017.08.18 2017고단3940

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On April 8, 2016, the Defendant was sentenced to six months of imprisonment with prison labor from the Suwon District Court on the part of the member of the horizontal Housing Site, and completed the execution of the sentence on August 30, 2016.

[ 범죄사실] 피고인은 2017. 6. 13. 00:45 경 수원시 권선구 C 앞에서, ‘ 술 취한 남자가 동네에서 소리를 지르고 있다’ 라는 취지의 112 신고를 받고 그곳에 출동한 수원 남부 경찰서 D 파출소 소속 경위 E으로부터 음주 소란 행위로 범칙금 납부서를 발부 받게 되자 그에게 " 이 씨 발 놈이" 라는 취지로 욕설을 하면서 그의 얼굴을 향해 주먹을 휘두르고, 발로 그의 몸통 부위를 차려 다가 이를 막는 그의 발 부위를 찼다.

As a result, the Defendant interfered with the handling of the 112 reported case by police officers and the issuance of a statement of payment of the charge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Copy of a penalty payment notification, each photograph, and details of 112 reported;

1. Previous records of judgment: Investigation report (verification of past criminal records of suspects and period of repeated crime), each judgment, summary order decision, personal confinement status, and reply to inquiries by 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. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Interference with the performance of official duties] Basic Field ( June - January 6) of the Defendant committed the instant crime during the period of repeated crimes after the execution of the sentence by the judgment stated in the record of the crime in the judgment, was completed, and the Defendant was punished for a fine of five million won due to interference with the duties committed on March 15, 2017.

Although the Defendant was punished by a fine of KRW 3 million in 2009, imprisonment of June 201 with prison labor in 201, imprisonment of KRW 1 year in 2014, and imprisonment of October in 2015 with prison labor in 2015, the Defendant again committed the instant crime and had no effect on the punishment gradually aggravated over several times.

I seem to appear.

b)such points;