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(영문) 수원지방법원 성남지원 2016.12.14 2016고단625
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 15, 2015, the Defendant was sentenced to two years of suspension of the execution to eight months of imprisonment for the crime of interference with business in the Incheon District Court’s Busan Branch branch on September 15, 2015, and the said judgment became final and conclusive on September 23, 2015

1. 모욕 피고인은 2016. 3. 19. 01:47경 성남시 중원구 B 앞 노상에서 “호프집에서 옆 테이블 사람이 시비를 건다.”는 112신고를 받고 출동한 경찰관들이 자신의 말을 믿어주지 않는다는 이유로 C, D 등 다수의 행인이 듣고 있는 가운데 112신고 처리업무를 마치고 복귀하는 성남중원경찰서 E파출소 소속 경사 피해자 F를 쫓아가 “야 이 개새끼야, 짭새새끼들아”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

2. The Defendant was unable to carry and drive the patrol car boarding the F at the time and place specified in the above Paragraph (1) above, and the police officer of the Sungnam Police Station Escoponed the Defendant’s act, and the police officer assigned to the Sungnam Police Station Escoponed the Defendant’s body, and assaulted G’s face at one time by keeping the body of the said G on his own hand.

Accordingly, the defendant interfered with the legitimate execution of duties on the police officer's 112 report and the maintenance of public order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F and G;

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

1. A complaint;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

1. From among concurrent offenders, the crimes committed during the period of suspension of the execution of reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are committed during the period of suspension of the execution of reasons for sentencing, disregarding the public authority, and circumstances that are disadvantageous to the lack of opening, such as denying the crime, etc., are considered to have been extremely serious in the degree of assault against police officers.

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