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(영문) 수원지방법원 평택지원 2014.08.27 2014고단804
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 becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 5. 19. 00:20경 안성시 C에 위치한 D노래방 앞길에서, 피고인이 누군가를 폭행하고 있다는 112신고를 받고 현장에 출동한 안성경찰서 E지구대 소속 경사 F(32세)가 피고인의 폭행을 제지하자, 위 F에게 “야! 이 짭새 새끼야! 어린 새끼가, 씨발 놈이 이리 와봐! 내 아들이 26살이야 씨발 놈아!”라고 욕설을 하면서 주먹을 휘두르고, 손으로 위 F의 멱살을 잡아 흔들고, 발로 다리를 3회 걷어차는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning prevention and investigation of crimes F.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of statutes to photographs of victimized police officers;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or orders to provide community service;

1. The balance of recommendations for the sentencing guidelines [decision of types] The group of crimes concerning the obstruction of performance of official duties, the obstruction of performance of official duties/performance of duties (Scope of recommendations] sentenced to six months of imprisonment, or one year and four months of imprisonment (the basic area and no special person shall be punished);

2. The crime of obstructing the performance of official duties is likely to undermine the authority of the public authority and disrupt the establishment of legal order, and thus, it is strictly necessary to see that the defendant recognized the facts charged in this case and took the attitude of reflecting his mistake. The defendant has no record of punishment for the same kind of mistake, the defendant seems to have committed a crime by drinking, and the defendant appears to have committed a crime by contingency under the influence of alcohol, and it is so decided as per Disposition within the scope of the sentencing guidelines, by taking into account the various circumstances indicated in the record, such

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