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(영문) 수원지방법원 2013.08.21 2013고단2678
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

피고인은 2013. 5. 26. 15:10경 화성시 B에 있는 C 식당에서 술에 취한 사람이 자고 있다는 112신고를 받고 출동한 화성서부경찰서 D파출소 소속 경찰관 경사 E으로부터 수차례 귀가할 것을 권유받자, "씹할 놈아, 개새끼야"라고 욕설을 하고 발로 E의 양쪽 무릎을 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to internal investigation reports, photographs of damage, and investigation reports (ro-examination reports against A by a suspect);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order, committed the instant crime despite the fact that the Defendant had been punished several times of punishment including imprisonment by an act of violence, etc., and the act of assaulting and threatening a police officer on duty, is highly likely to cause such danger and social criticism, requires a strict punishment against the Defendant.

However, the sentencing conditions in this case, such as the defendant's confession, the motive, means and result of the crime of this case, the circumstances after the crime of this case, the age, character and conduct of the defendant, family environment, etc., shall be determined in the same manner as the order.

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