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(영문) 의정부지방법원 고양지원 2020.02.06 2019고단3365

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

Punishment of the crime

피고인은 2019. 7. 21. 20:25경 고양시 일산서구 B에 있는 ‘C’ 1층 엘리베이터 앞에서, “엘리베이터 앞에 여성이 누워있다.”는 취지의 112신고를 받고 출동한 일산서부경찰서 소속 경위 D 및 경사 E으로부터 인적사항에 대해 질문을 받자, “미친놈들아 재미있냐. 장난하냐. 나 F 병원에서 나왔어. 마음대로 해라.”라고 욕설을 하며 위 경위 D의 얼굴을 손톱으로 할퀼 듯 위협하고, 이를 제지하는 위 경사 E의 왼쪽 손목을 손톱으로 할퀴었다.

Accordingly, the Defendant assaulted as above, thereby obstructing police officers from performing their legitimate duties in relation to crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of damaged parts;

1. 112 Reporting case management table;

1. Application of the Acts and subordinate statutes governing the reproduction of CCTV video data;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for the sentencing of Article 62(1) of the Criminal Code for the suspension of execution of execution of official duties [Article 62(1)] shall be applied [Article 1] The obstruction of performance of official duties [Article 1] The basic area of the obstruction of performance of official duties/performance of duties [Scope of Recommendation and Recommendation], the decision of the suspension of execution of imprisonment with prison labor for six months to one year: the defendant recognized the crime in this case in six months and reflects his mistake; the defendant has no previous conviction; the degree of assault and obstruction of official duties; the background of the crime in this case; the background of the crime in this case; the defendant's age, character and behavior; his living environment; the circumstances after the crime; and the recommended punishment according to the sentencing guidelines.