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(영문) 서울남부지방법원 2015.11.20 2015고단4239

공무집행방해

Text

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

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

Reasons

Punishment of the crime

피고인은 2015. 10. 2. 21:30경 서울시 구로구 B 앞길에서, 그곳 부근에 있는 ‘C’ 유흥주점에서 시비가 있다는 신고를 받고 출동한 서울 구로경찰서 D지구대 소속 경위 E, F, G에 의해 귀가조치를 받았음에도 불구하고 귀가하지 않은 채로 위 E, F, G에게 "야이 씨발 새끼들아 좆밥아 근무복 벗고 한판 뜨자, 내가 너 옷을 벗기겠다, 너희들이 국민이 낸 돈을 받고 있는 게 문제다"라고 욕설하면서 위 G, E에게 다가가 오른손으로 때릴 듯이 위협을 가하는 등 협박하였다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers related to 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. A H statement;

1. A criminal investigation report (at the same time);

1. Application of Acts and subordinate statutes to on-site reports;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] : In the case where there are many public officials in the basic sphere (6 months to one year and four months) (special mitigation) of obstruction of performance of official duties / [Special Mitigation] / In the case where there are many public officials who have been damaged, the decision of the sentence / [decision of the sentence ] the defendant does not reflect the fact that he was sentenced several times of punishment for violent crimes, but rather again commits the crime in this case, the nature of the crime is not weak.

However, taking account of various sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after committing the crime, the sentence like the order shall be determined and the execution thereof shall be postponed on the condition that the defendant is put on probation, in accordance with the sentencing guidelines, in consideration of the fact that the defendant is deeply divided and reflected in the crime, E by the damaged police officer does not want the punishment of the defendant, the elderly's mother should be supported.