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(영문) 부산지방법원 2019.03.13 2018고단5492
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. 모욕 피고인은 2018. 8. 10. 17:49경 부산 금정구 B 부산금정경찰서 C지구대 앞길에서, 피고인의 일행과 모친, 성명불상의 통행인들이 있는 가운데 위 지구대 소속 경찰관인 피해자 D가 술에 만취되어 위태로운 행동을 하는 피고인에 대한 보호조치를 위하여 그곳으로 데리고 오자 이에 불만을 품고 피해자를 향하여 “야, 이 씹 할 놈아, 너 이름이 뭐냐 좃도 공부도 못하는 지방대 다니는 놈들이 나를 체포해 씹 할 놈들아”라고 욕설하였다.

Accordingly, the defendant openly insultingd the victim.

2. On August 10, 2018, the Defendant refused to return home from the said D, etc. at the said district group on or around August 10, 2018, and expressed it as “Chewing flasing, scarping, and scarping.” The Defendant attempted to flap the said D’s left part of the said district group, and flap it with a hand-top, as the circumstances belonging to the said district group D were prevented.

As a result, the Defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, Article 311 of the Criminal Act, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The decision shall be made in consideration of the fact that the degree of violence committed to police officers for the reason of the sentencing of Article 62(1) of the Criminal Act is serious and that there was a failure to commit the act for more than 2 hours in the earth.

However, considering that the first offender, the social relationship is clear, and the exemption from military service was granted due to difficulties in livelihood, the execution of a sentence shall be suspended because it is judged reasonable to give the defendant an opportunity to further the sentence once.

The age, character and conduct, environment, and crime of the defendant.

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