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(영문) 창원지방법원 통영지원 2016.12.15 2016고단396 (1)

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant and C are employees of the workplace who were employed as electrical watchers in E, a partner of the D Co., Ltd.

피고인은 2016. 4. 13. 02:50경 거제시 F에 있는 G편의점 앞 노상에서, C이 ‘어떤 차량이 주차하면서 세워놓은 자전거를 들이받았다.’는 112 신고를 받고 출동한 거제경찰서 H지구대 경장 I, 순경 J가 ‘자전거 체인이 풀렸으니 체인을 연결시키면 되겠네요’라고 말하였다는 이유로 위 경찰관들에게 ‘야이 짜바리 씹새끼, 너거 경상도에서는 이라냐, 존나 싸가지 없네’라고 욕설하고, 계속하여 위 경찰관들이 귀가를 종용하자 ‘씹할 건달이냐, 체포하라고 임마, 얌마 돼지 이리와 봐, 씹할 놈아’라고 욕설하며 위 I의 어깨를 3회 밀치고 조끼를 잡아당기는 등 폭행한 사실로 현행범인 체포되자, 그 체포를 제지하며 위 거제경찰서 H지구대 순경 J의 어깨를 2회 잡아당기고 밀쳐 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Each legal statement of a witness I, J and K;

1. Statement of each police statement to I and J;

1. The defendant asserts that at the time, he was arrested and resisted to police officers who were sent to the police after receiving a report of 112 by the workplace C, which is a workplace guard C, and that there was no assault by the J, such as cutting down the shoulder of theJ.

According to the aforementioned evidence, the following evidence, including I, J, and K’s statement specifically stating the current situation at the time, were revealed: (a) the police officers called upon upon receiving 112 reports were able to take care of the police officers on the ground that C did not properly handle the case; and (b) the police officers were assaulted with I’s shoulder; (c) and (d) the police officers attempted to arrest C as a suspect of obstruction of the performance of official duties; and (d) the Defendant tried to arrest C with his/her help and arrest C.