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(영문) 서울남부지방법원 2017.11.10 2017고단4766

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

피고인은 2017. 9. 8. 15:06 경 서울 강서구 B 앞길에서, 주변 사람들을 향해 “ 씨 발, 개 같은 새끼들, 뭘 봐, 아 좆 나 재수 없어. ”라고 욕설을 하여, ‘ 술 먹은 사람이 행패 부린다.

“A” who received a report from the Seoul Western Police Station C District District District, and received a notification from D, who was under the jurisdiction of the Seoul Western Police Station C District District, to be suspected of a disturbance of drinking, and who used the said D’s arms three times as drinking, and used the D’s backwing body one time to walk.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Application of video 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act is not a crime committed in light of its circumstances and the degree of assault, etc., and considering the fact that the crime of this case is not a good quality in light of the circumstances and the degree of assault, and that there is a need to strictly punish the crime of public authority, such as interference with the performance of official duties, in order to eradicate the light of the State’s legal order and the light

However, in light of the fact that the defendant committed the crime of this case and reflects the mistake, that the defendant has no criminal record of a fine or heavier punishment, and that there is no other criminal record of the defendant, the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the conditions of sentencing as shown in the records and theories of changes, such as the circumstances after the crime of this case,