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(영문) 청주지방법원 제천지원 2020.04.09 2020고단37

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

On January 17, 2020, the Defendant: (a) went in front of the C Apartment Ddong, a destination, at the time of destination; and (b) the Defendant, who was waiting at the destination, refused to pay the taxi fee under the influence of alcohol while he paid the taxi fee; and (c) filed a 112 report by the said taxi engineer.

피고인은 같은 날 22:45경 위와 같은 112신고를 받고 현장에 출동한 제천경찰서 E지구대 소속 경사 F으로부터 택시에서 내려 귀가할 것을 요구받았음에도, 위 경찰관에게 “싫어, 왜 기분 나빠서 새끼야, 뻐큐” 라며 손가락 욕을 하고 주먹을 휘두르다가, 택시에서 하차하여 피고인을 부축한 경찰관들과 함께 피고인의 주거지인 C 아파트 G호 앞에 이르자 위 경찰관에게 “좆까 씨발놈아”라고 욕설을 하며 주먹으로 복부를 1회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the crime prevention of police officers and the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Scambling video CDs;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to the image taken through a scam and the closure of a course);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [Determination of type] No person who obstructs the performance of official duties (category 1) (no person specially punished) shall be punished by imprisonment with prison labor for not less than six months but not more than one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years under a suspended execution, the defendant took a bath to a police officer in charge of reporting 112, and assaults him/her, and the nature of such crime is not very good;

On October 24, 2019, the Defendant was convicted of a fine of three million won for the same kind of crime, and the judgment above was rendered on November 1, 2019.