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(영문) 부산지방법원 2020.12.23 2020고단3850
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At around 22:05 on July 7, 2020, the Defendant abused the victim E, a police officer belonging to the Busan Police Station D District of the Busan Police Station, who was called upon by the Defendant, by engaging in an act, such as taking a bath while under the influence of alcohol in the subway, and taking a hand over the body of female passengers on board the subway in the subway, etc. on the part of the Busan Urban Railroad B, and received a report on the act, etc., on the part of the Defendant, at the Busan Urban Railroad Office, the Defendant openly insulting the victim E, a police officer belonging to the Busan Urban Police Station D District Unit of the Busan Police Station, who was called upon upon receiving the report on the act. The Defendant attempted to see that the Defendant “I wish to do so. I want to see, she will see, e.g., h., my my myopth, hing, hinging, and hicker.”

2. 공무집행방해 피고인은 제1항 기재 일시 및 위 C역 역무실 앞에서, 위와 같은 이유로 112신고를 받고 출동한 위 D지구대 소속 경찰관 G으로부터 주취소란 혐의에 대해 즉결심판 절차를 안내받던 중, 위 경찰관에게 “야, 이 씨발놈아.”라고 욕설을 하며 발로 위 경찰관의 허벅지를 2회 찼다.

Accordingly, the defendant assaulted police officers and interfered with legitimate execution of duties concerning handling 112 reported cases.

Summary of Evidence

1. A written complaint filed by the police against the defendant G in his/her legal statement and a written statement;

1. Application of the 112 Reporting (Violation of the Punishment of Minor Offenses Act) to the investigation report (Attachment of On-the-spot CCTV images) to the 112 Reporting Report List, the application of the Acts and subordinate statutes to cut off the

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant's recognition of the crime of this case, there is no record of punishment since 2008, and there is no record of the same crime, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and crime.

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