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(영문) 대전지방법원 홍성지원 2016.11.29 2016고단705
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On September 8, 2016, at around 18:30, the Defendant expressed his desire to “Nech bitch bitch bitch bitch bitch bitch bitch bitch,” and expressed his desire to “Ne bitch bitch bitch bitch bitch bitch bitch bitch son, which was sent by the Defendant after receiving a report from 112 that the Defendant would escape a disturbance in front of the Chungcheong Budget Group C, which was called out by the Defendant, on September 18, 2016.”

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report (No. 4,8).

1. Application of related photographs and on-site photographs statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is insignificant (special mitigation) in the mitigation area of category 1 (Obstruction of Performance of Duties and Compelling of Duties) (Special Mitigation) (Special Mitigation) (the decision of sentence] State’s legitimate exercise of public authority should be protected for peace and safety of all citizens including the Defendant himself/herself.

Nevertheless, the Defendant’s insulting speech and behavior against police officers in uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform their duties, and thus, the offense is bad.

Furthermore, the defendant has been punished for refusing to measure drinking in 2014, and the defendant is punished by imprisonment with prison labor, considering that the perception of the importance of the law and order is low.

However, the favorable circumstances, such as the confession and reflect of the defendant, the fact that the defendant has no record of punishment exceeding the fine, the use of violence, etc., and the age, character and conduct, environment, details of the crime, circumstances after the crime, etc.

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