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(영문) 수원지방법원 성남지원 2015.09.03 2014고단2764

공무집행방해

Text

The Defendants shall be punished by imprisonment for eight months.

except that 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

Defendants are those who were in dispute in front of the point of “F” in Gyeonggi-si, Gwangju-si, around 22:10 on June 13, 2014.

Defendant

A은 위 일시, 장소에서, 폭력사건 신고를 받고 출동한 피해자 경기광주경찰서 소속 순경 G(남, 30세)로부터 현행범으로 체포를 당하게 되자, 피해자에게 “잡아, 이 씨발놈아, 씨발놈아. 씨발놈아. 야이 씨발놈아. 놔봐”라고 말하고, 손톱으로 피해자의 왼팔을 긁고, 피고인 B은 이에 가세하여 피해자에게 “야 너 뒤진다”라고 말하고, 손으로 피해자를 밀치고, 멱살을 붙잡아 흔들었으며, 피고인 A은 체포된 후 순찰차를 타고 태전 파출소로 이동하던 중 손에 차고 있는 수갑으로 피해자의 손등을 긁었다.

As a result, the Defendants jointly interfered with the legitimate execution of official duties concerning the handling of the 112 reported case by the police officer.

Summary of Evidence

Defendant

A

1. Defendant's legal statement;

1. The police statement related to G, the victim photographic defendant B;

1. Each legal statement of witness G, A and H;

1. A suspect interrogation protocol of the prosecution (including B substitutions);

1. The victim photograph (the defendant Eul asserts that the defendant Eul was not guilty of keeping the police officer G or bombing. However, the above defendant's testimony of G (the witness examination protocol 2, 3 pages) and the defendant Eul (the witness examination protocol 3, 4 pages) to the effect that the defendant committed such act to G is reliable in light of the evidence different from the contents of the statement. According to the evidence of each judgment, the defendant Eul sufficiently recognized the facts of assault with the police officer G as stated in the facts charged (the defendant's testimony against the above recognition is not believed to be of credibility in light of the attitude in this court).

[Attachment] Application of the statute

1. Article 136(1) and Article 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution;