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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 성남지원 2016.06.10 2015고단673
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 4. 13. 02:45 경 성남시 수정구 B 앞 도로를 무단 횡단 하던 중 순찰 중인 성남 수정경찰서 C 지구대 소속 경찰관인 D으로부터 단속되어 범칙금 납부 통고서를 교부 받자 화가 나 위 D에게 “ 좃 같은 새끼야, 씨 발 별 것도 아닌 새끼들이, 좃도 아닌 새끼들” 이라고 소리치면서 발로 순찰 차 문을 걷어 찬 후 손으로 위 D의 가슴을 1회 밀고 위 D의 팔을 잡아당겨 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A penalty payment notification;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment (including many cases of past violent crimes, etc.);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing is the same as the statement as to whether the suspended sentence is pending)

1. [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) of Class 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (Special Mitigation) (Special Mitigation).

2. [Determination of Sentence] The sentencing conditions stated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence like the order.

Unfavorable circumstances: The crime of this case is used for violence against police officers performing official duties, and the crime of this case is not good.

In addition, this is more so in light of the fact that the police officer in question performed official duties related to the defendant's wrong crossing of his or her own.

There are many records of violent crimes.

A favorable circumstances: The same shall not apply to cases where the means of hindering the performance of official duties, the degree of obstructing the performance of official duties, etc. are different.

As a result, the crime of this case is committed.

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