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(영문) 수원지방법원 성남지원 2019.08.07 2019고단1092

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 20, 2019, the Defendant: (a) around 01:40 on April 20, 2019, the police officer B and C performed a bath view on the ground that the slope B, who was called up after receiving 112 report, was scambling, was scambling with his body; and (b) he was scambling the body of the above B by hand; (c) on the street before the above main point, he was flick, and was flick to the effect that he was scambling; and (d) he was flick to the effect that he was scambling with the head of the above B; and (d) he was flick with the assault of the above B once and the assault of the said B, and (e) he was requested to do so by the assault of the said B, and (e) 1) after being requested to do so.

As a result, the Defendant interfered with legitimate execution of duties concerning the handling of 112 Reports by B and C, a police official.

2. 경찰관 F의 직무에 관한 공무집행방해 피고인은 2019. 4. 20. 03:40경, 성남시 중원구 금빛로2번길 10 중원경찰서 G과에 위 1.항과 같은 사유로 인치된 후, 신병을 인계받은 경위 F에게 아무런 이유 없이 ‘니 가족 담궈버린다', ‘니 가족은 씨발 살아있냐 븅신새끼야 ’라고 위협하면서, 자신의 주머니에 있던 차량용 스마트키를 위 F를 향해 강하게 던지는 방법으로 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties in the F criminal investigation, which is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, B, and F;

1. Application of Acts and subordinate statutes to each investigation report (including attachment);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

1. Suspension of execution is Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing below).