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(영문) 대전지방법원 천안지원 2014.10.02 2014고단873
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 2014. 4. 2. 22:10경 충남 천안시 서북구 봉정로 107 서부역광장에서 술에 취하여 아무런 이유 없이, 그 인근 도로에 차량을 정차 중이던 피해자 B(여,35세)에게 성명불상의 택시기사 및 행인 등 다수인이 듣고 있는 가운데, “야 씨발년아 운전 똑바로 해, 야 이년아, 뭘 어쩌라고”라는 등으로 욕설하였다.

Accordingly, the defendant openly insultingd the victim.

2. At around 22:20 on the same day as indicated in the preceding paragraph, the Defendant: (a) expressed the victim D (33 years of age) who was the captain of the Yanananananbuk Police Station C District police station, who was sent to the scene after receiving the victim’s 112 report from the driver; and (b) assaulted the victim with the victim’s right direction one time to walk.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, D, and E;

1. Application of Acts and subordinate statutes to work log, damage photographs, police investigation reports (related to attachment of voice recording materials);

1. Relevant Article 136 (1) and Article 311 of the Criminal Act, the choice of punishment for the crime, 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 defendant, without any justifiable reason, in the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution, is insulting B by taking the victim B’s abusive language, and the police officers dispatched upon receiving a report and take a bath to the victim B, and commit violence, and the nature of the crime is not less complicated in light of the form of the act, method of the crime, relationship between the defendant and the victims, place of the case

However, the defendant is sentenced to punishment as ordered in consideration of the fact that he repents the defendant's mistake, that he has caused contingent crimes under the influence of alcohol, that is the primary offender, the age, character and conduct, environment, etc. of the defendant.

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