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(영문) 인천지방법원 2020.09.16 2020고단6318

공무집행방해

Text

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

Reasons

Punishment of the crime

[criminal power] On January 24, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and three months at the Suwon District Court for a special injury on May 15, 2019, and the execution of the sentence was terminated on June 7, 2020.

【Criminal Facts】

피고인은 2020. 7. 6. 04:28경 인천 미추홀구 B에 있는 인천미추홀경찰서 C지구대에서, 상황근무를 하고 있는 위 C지구대 소속 경위 D에게 “오늘 교도소에서 출소했는데 갈 곳이 없으니 서구에 있는 시설에 데려다 달라”라고 요구하였으나 위 D으로부터 어렵다는 취지의 답변을 듣자 격분하여 “그럼 내가 여기를 다 때려 부술 테니 나를 집어넣던지 마음대로 해라.”고 소리를 지르며 소란을 피우고, 이에 위 D으로부터 귀가할 것을 종용받자 주먹으로 위 D의 얼굴 부분을 2회 때리고, 발로 위 D의 오른쪽 무릎과 왼쪽 정강이를 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning global situation service, such as civil petitions by police officers.

Summary of Evidence

1. The defendant's legal statement D, the statement of the police statement of the defendant F in relation to E to each police statement (Evidence Nos. 10,22) and the previous records of CCTV video CD in the judgment: Criminal history records, investigation reports (report on the confirmation of repeated crimes), the current status of acceptance by each individual, and the application of three copies of the judgment;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Prior to the reason for sentencing Article 35 of the Criminal Act, the Defendant committed the instant crime of larceny and violence committed against the police officer, who was sentenced to imprisonment with prison labor, even though he was sentenced to imprisonment with prison labor.

In light of the previous criminal records of the defendant and the attitude of the crime of this case, the defendant repeats his tendency to disregard public power.