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(영문) 수원지방법원 안산지원 2016.03.30 2016고단317
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2016, the Defendant was requested to return home from E and F, a police officer belonging to the police station D District District of Ansan Police Station D, who was called out after receiving a report of 112 while under the influence of alcohol in front of C, the Defendant, who was under the influence of alcohol in front of C, 19:00, and was taking a bath at the same time without any justifiable reason.

피고인은 경찰관이 신고자를 돌려보냈다는 이유로 " 야 이 새끼들 아 니들이 쟤 네 들 보냈느냐,

병신새끼들, 저번에 보니까 칼 드니까 병신 짓거리 하던데 "라고 욕설을 하고, 위 E으로부터 재차 귀가 요청을 받자 " 병신새끼 이렇게 가까이 있으면 불알을 잡아 훑어 버리겠다 "라고 하면서 위 E의 낭 심 부분에 손을 댔고, 위 E이 피하자 " 이런 병신새끼들, 이렇게 확 쳐 버릴까 "라고 욕설을 하면서 옆에 있는 위 F을 향해 주먹으로 때릴 듯이 위협하였다.

Accordingly, as the above E was the hand of the defendant, it was assaulted by the defendant, such as making the above E once a stop between the hand hand and the inspection place.

As such, the Defendant interfered with the legitimate performance of official duties by interfering with the police officer's duty of handling reports, etc. dispatched to the site after receiving 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs related to the case;

1. A detailed statement of the processing of reported cases;

1. A copy of the work site in the D District;

1. Application of the Acts and subordinate statutes on photographic records;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (Interference with the performance of official duties and coercion of duties) in the basic area (six months to one year and four months);

2. The defendant's age, sex, environment, details of the crime in this case, circumstances after the crime, etc. is committed, since he/she has been convicted of the same kind of crime, his/her bad character.

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