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(영문) 수원지방법원 2020.10.15 2020고단4828

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 became final and conclusive.

Reasons

Punishment of the crime

피고인은 2020. 7. 5. 19:00경 화성시 B에 있는 피고인의 집 앞에서 “남편이 나를 죽이려했다.”는 112 신고를 받고 출동한 화성동탄경찰서 C파출소 소속 경사 D로부터 사건 경위에 대한 질문을 받게 되자, 갑자기 "씨발새끼들, 개새끼들, 미친놈들!"이라고 큰 소리로 욕설하고, 경사 D의 상의를 잡고 밀치고, 허리띠를 잡아 흔들고, 서류가방을 던지고 발로 찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

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

1. It is not good that a crime is committed against a police officer dispatched after receiving a report on the reason of sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence.

However, the court shall take into account the facts that the defendant has recognized and reflected all of the mistakes, and shall determine the punishment as ordered in the Disposition, taking into account all the factors revealed in the arguments of this case, such as the course and motive of the crime, family relationship, age, character and conduct of the defendant