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(영문) 수원지방법원 2013.11.27 2013고단4897

공무집행방해등

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

1. 피고인은 2013. 8. 30. 00:25경 용인시 처인구 포곡읍 둔전리에 있는 45번국도 수포교 위 도로 1차로 상에 술에 취하여 드러누워 있던 중, 112신고를 받고 출동한 경기용인동부경찰서 B파출소 소속 경찰관 C, D이 피고인을 보호하기 위하여 손을 잡아 일으켜 세우자 “야이, 씨팔 새끼야! 내 팔 안놔!”라고 소리치며 입으로 위 피해자 C(55세)의 왼쪽 손목을 물어뜯고 발로 피해자의 오른쪽 다리를 걷어차 폭행하였다.

As a result, the defendant interfered with the legitimate execution of official duties on the protective measures and maintenance of order of the victim C, who is a police officer, and at the same time, the victim failed to examine the left-hand hand in need of treatment for about two weeks.

2. On August 30, 2013, around 00:35, the Defendant: (a) on the street in front of a “F” restaurant located in the wife population E, and (b) on the patrol vehicle, boarded the patrol vehicle, walking the safety partitions installed therein, and continued to walk the Defendant while standing the patrol vehicle, and (c) stopped temporarily, the patrol vehicle stopped from the patrol vehicle in order to correct the Defendant; and (d) moved to the road again.

Therefore, when police officers D put the Defendant, the Defendant: (a) sounded that “Yewh, chch flap hump hump kn?” and obstructed the legitimate performance of official duties concerning the protection measures and the maintenance of order of police officers by drinking back the victim D, a police officer, twice by drinking back the back of the police officer.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A written statement prepared in C, D, and H;

1. Application of Acts and subordinate statutes to a report on investigation (on-site investigation) and a report on investigation (including investigation process), a victim C's photograph, diagnosis document, and a report on investigation (to listen to a video H relative statement hearing);

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes against Victims C.