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(영문) 전주지방법원 2013.09.26 2013고단1717

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

Criminal facts

On June 26, 2013, around 22:22:25, the Defendant visited the issue of taxi fare with the taxi driver E in the Dogjin-gu Seoul Metropolitan Government, along with the taxi driver E, and sent the taxi fare to E upon the recommendation of F in the circumstances surrounding the zone belonging to the Dagjin-gu Police Station, Jeonnam-gu, Seoul Metropolitan City, and the E went out of the Do area.

이에 피고인은 F에게 “야 개새끼야. 십팔놈아. 왜 택시기사를 돌려보냈냐.”라고 말하며, 담뱃갑을 쥔 손으로 F의 우측가슴을 1회 때리고, 양 손바닥으로 F의 양쪽 가슴을 1회 때려, 경찰관의 상황근무 업무에 관한 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. G statements;

1. Each investigation report;

1. Application of Acts and subordinate statutes to the scene and crime scene photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (i.e., the confession of the crime in this case by the defendant, the violation of the depth of the mistake, the exercise of force by the defendant is relatively excessive, the defendant deposited KRW 1.1 million for the police officer who has been assaulted, and the defendant has a criminal record of the same kind, but there is no criminal record exceeding the fine, etc. favorable to the defendant).