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(영문) 의정부지방법원 2019.09.27 2019고단3224

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 2019. 7. 21. 19:30경 남양주시 B, C호에서, 사실혼 배우자인 D와 다투다가 ‘남자친구가 때리고 음주운전을 하려고 한다’는 내용의 112신고를 받고 출동한 경기남양주경찰서 E파출소 소속 경찰관인 순경 F 등이 있는 가운데 위 D에게 욕설을 하면서 접근하여 위 F로부터 제지당하자, “씹할 내가 G 짱이었어. 맞장뜨자는 거야 ”라고 소리를 지르면서 손으로 위 F의 멱살을 잡아 흔들었다.

As above, the Defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Written statements of D;

1. On-site photographs;

1. 112 reported case handling table;

1. Reports on internal investigation (the statement of the injured party's excursion ship);

1. Investigation report (verification of voice contents reported);

1. 112 Application of Acts and subordinate statutes concerning reported matters;

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

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

1. The defendant who is sentenced to the punishment of the obstruction of performance of official duties (type 1) in the basic area (type 6 months to one year and six months) based on the sentencing guidelines for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing of the order to provide community service and attend lecture, and the defendant was called by the police officer upon the report of his spouse who is a de facto marital spouse, and tried to drive under the influence of alcohol, and even though he was called by the police officer, he took a bath for the spouse of the de facto marital spouse and took a threatening behavior to restrain him, and the police officer took a dubing act, and interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of the police officer's crime, in light of the details, motive, behavior, mode of interference, and official duties, the crime and criminal intent are not good.

The defendant is punished by a fine in 200 and 2012 for violent crimes, and is sentenced to a suspended sentence in January and June 2013.