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(영문) 광주지방법원 순천지원 2014.08.06 2014고단911

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 2014. 5. 12. 21:25경 여수시 하멜로 2번지 여수경찰서 정문 앞에서 술에 취한 상태로 욕설을 하던 중, 당직근무를 하던 여수경찰서 소속 경찰관들이 경찰서에 찾아온 용건을 묻자 “마음대로 해 씨발놈의 새끼들아.”라고 욕설을 하고, 위 경찰서 소속 경감 B이 귀가할 것을 수 회 권유하였음에도 “확, 씨발놈들, 좇뽀는 소리하지 말고, 씨발놈들아 나 잡아넣어, 호로새끼들아.”라고 큰소리로 욕설을 하면서 손으로 위 B을 수 회 밀쳐 폭행하였다.

At around 22:45 of the same day, the Defendant was arrested as a flagrant offender and tried to leave the office voluntarily during the investigation atmosphere, and the background and background leading up to the Indones Police Station and the police Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of the above police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each report on investigation;

1. Defendant’s photograph;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts (the point of obstruction of performance of official duties);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The defendant committed the crime of this case, although it is not good in light of the defendant's crime committed during six months of imprisonment, suspended execution 2 years, and community service 80 hours.