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(영문) 수원지방법원 안양지원 2016.08.25 2016고단924
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

Punishment of the crime

On June 6, 2016, at around 22:00, the Defendant saw a disturbance by taking a bath while getting on a taxi as a guest, etc. Around that time, the Defendant sought assistance from the police officer of the relevant police station in front of the E Zone of the police station where the Plaintiff knew-gu, Mayang-gu, Mayang-si, and requested that C set a taxi in front of the E Zone of the police station where the taxi was located.

이에 위 지구대 소속 경찰 관인 순경 F이 피고인에게 다가가 택시요금을 지불하고 귀가할 것을 권유하자, 피고인은 ‘ 짭새 새끼야, 말장난 하지 말고.’, ‘ 씹할 놈 아 뭔 헛소리를 하고 있어 ’ 라는 등의 욕설을 하면서 위 순경 F을 향해 주먹을 휘두르고, 손으로 위 순경 F의 가슴을 밀친 후, 순경 F의 얼굴에 침을 뱉었 다. 이로써 피고인은 치안 유지 등에 관한 경찰공무원의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Investigation report (which means 11 pages of evidence records);

1. Application of the Acts and subordinate statutes to photographs by capturing a mobile phone image;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant and his defense counsel at the time of the crime of this case regarding the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Act of the community service order

The argument is asserted.

According to the records of this case, even though the defendant was aware that he had drinking alcohol at the time of committing the crime of this case, it does not seem that he did not have the ability to make a decision due to it, and therefore, the above assertion by the defendant and the numberer is not acceptable.

Reasons for sentencing

1. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment] The Act on Interference with the Performance of Official Duties in the Case of Class 1 of the Act on Interference with the Performance of Official Duties (Obstruction of Performance of Duties and Forced Performance of Duties)], the basic area (from June to January 4) (

2. The sentence of sentence is rendered by both the following circumstances and the defendant.

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