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(영문) 서울중앙지방법원 2014.05.30 2014고단2405

공무집행방해

Text

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

Reasons

Punishment of the crime

On March 21, 2014, at around 21:30, the Defendant reported to 112, a fluor who was under delivery of the surrounding area by obstructing the flow of the vehicle, such as blocking the street of the vehicle that passed, among the roads located around the entrance of the mast apartment located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

그 후 위 112신고를 받고 출동한 서울수서경찰서 C지구대 소속 경찰관인 경사 D이 위험하다고 하면서 피고인을 인도 쪽으로 격리조치 하려하자, 피고인은 D에게 “야 씹할놈아, 내 몸 건드리지마, 짭새새끼야, 내가 여기 왜 나왔는지 아느냐, 파면시켜 버리겠다.”라고 욕설을 하면서 손으로 D의 손목을 비틀고, 팔과 가슴을 치고, D이 입고 있는 경찰관복 조끼를 붙잡고 수 회 밀쳤다.

The Defendant, by assaulting and threatening police officers D who want to guide the Defendant to travel on roads over three and four occasions in the above manner, interfered with the legitimate execution of official duties of police officers concerning prevention of danger.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigation report (to hear statements from a police officer on behalf of the police officer dispatched to the scene at the time);

1. The reason for sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the choice of punishment for the crime [the scope of recommendation] The basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the execution of official duties) [the decision of sentence] of the defendant has no person [the decision of a special person] [the defendant] has been punished several times including the same kind of crime, and the defendant has committed the crime of this case without being aware of it even though he is under the suspension of execution, it is inevitable to sentence sentence against the defendant.

However, it is true that the mistake is divided, and that the police officer can be treated as a result of the future alcohol respect.