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(영문) 인천지방법원 부천지원 2017.06.07 2017고단732
공무집행방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 모욕 피고인은 2017. 3. 7. 07:10 경 부천시 심곡동에 있는 OO 식당에서 ‘ 손님이 잠을 자는데 일어나지 않는다’ 라는 112 신고를 받고 현장에 출동한 경기 부천 원미 경찰서 B 지구대 소속 경장 피해자 C이 피고인을 깨워 귀가할 것을 권유하자, 식당 종업원들이 보는 앞에서 피해자에게 " 씨 발 새끼, 뒤에서 삥 받아 먹는 새끼 ”라고 큰소리로 욕설하여 공연히 피해자를 모욕하였다.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph 1, and as above, expressed a bath to C by the superintendent of the police station B of the Gyeonggi-do Police Station B of the Gyeonggi-do Police Station, and assaulted the police officer by walking the bridge once.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties on handling 112 reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant would be bad for the Defendant to have expressed a desire to and exercise violence against a police officer who was dispatched to his/her office by mistake.

However, it seems that it was an contingent action, and it is against the mistake.

The defendant has no criminal history of the same kind.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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