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(영문) 수원지방법원 안양지원 2019.07.19 2019고단1081
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2019. 5. 29. 00:45경 경기 안양시 만안구 B에 있는 ‘C’ 가게 안에서, “손님끼리 싸운다, 다른 테이블과 시비”라는 112신고를 접수받고 출동한 안양만안경찰서 D지구대 소속 경찰관 E(34세)이 가게 내에서 퇴거하여 자진 귀가할 것을 요구하자, 위 E에게 “좆만한 짭새 새끼”라며 욕을 하고, 손으로 위 E의 뒷머리를 1회 때리고, 머리카락을 잡아당겨 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression of crimes and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F and G respective Acts and subordinate statutes;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of the performance of official duties (the obstruction of the performance of official duties/performance of official duties) and there is no person [the area of recommendation and the scope of recommendation] (the scope of recommendation and recommendation), the basic area of the punishment, six months of imprisonment or one year and six months.

3. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

D. Unfavorable circumstances: The crime of this case was committed by the defendant while under the influence of alcohol, and the defendant received 112 report due to the obstruction of the defendant's business, and thus, the nature of the crime is very poor in light of the content of the crime

The crime of obstruction of performance of official duties, such as the instant case, needs to be strict in order to eradicate public peace and order and establish national legal order.

The defendant did not receive a letter from the damaged police officer.

The defendant shall be included in the crimes of double species.

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