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(영문) 대전지방법원 서산지원 2014.10.31 2014고단749

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On July 13, 2014, at around 17:35, the Defendant: (a) entered the said police box in a state of drinking, and, without any justifiable reason, took the Defendant into the said police box; (b) and (c) took the police box in his/her service, and (d) took several baths to the Defendant, “I Chewing fele, dead, and discarded.”

피고인은 귀가를 권고하는 위 경찰관들의 요청에도 계속하여 행패를 부리던 중 순찰근무를 마치고 돌아와 귀가를 종용하는 충남지방경찰청 제1기동대 소속 경위 F에게 다가가 "야, 너 누구냐, 까불지마, 새끼야"라고 욕설을 하며 오른손을 들어 수차례 위 F을 때리는 시늉을 하고, 위 F의 왼쪽 어깨 견장을 잡아 뜯는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning civil petition handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of a police officer certificate;

1. Application of statutes on photographs of damage;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his/her mistake in depth, the criminal record, family relationship, occupation, circumstances of the crime, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;