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(영문) 수원지방법원 안산지원 2020.03.11 2019고단4720

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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. 폭행 피고인은 2019. 12. 1. 22:00경 안산시 단원구 B 오피스텔 1층 엘리베이터 앞에서, 술에 취해 아무런 이유 없이 경비원을 폭행하려고 하다가 경비원이 피고인을 피해 피해자 C(여, 44세), 피해자 D(남, 50세)이 있는 쪽으로 도망가자, 경비원을 쫓아가다가 피해자 D을 보고 아무런 이유 없이 그의 왼쪽 얼굴을 주먹으로 1회 때리고, 옆에 있던 피해자 C의 얼굴과 머리를 손과 주먹으로 3회 때리고, 다시 주먹으로 피해자 D의 턱을 1회 때리고 손으로 얼굴을 할퀴고 발로 허벅지를 수회 찼다.

Accordingly, the defendant assaulted victims.

2. On December 1, 2019, the obstruction of performance of official duties, and the Defendant: (a) arrested a flagrant offender under the suspicion of assault under paragraph (1) of this Article; (b) boarded the patrol police box; and (c) transferred the police box to E police box; (d) took the face of the Victim F, a police officer belonging to the Ansan-gu Police Station, who was seated next to the lower seat of the patrol police box one time as head; and (e) the victim took violence on the victim’s chest by having the head again attempted to control the Defendant.

As a result, the Defendant interfered with the legitimate performance of duties by police officers related to the investigation of crimes by the victim, and at the same time, the Defendant inflicted on the victim a bodily injury of “inception, mouth scambling, scambling, and hair scambling.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of D and C;

1. A medical certificate;

1. Each photograph;

1. Application of the investigation report (CCTV analysis) and the Act and subordinate statutes on the Analysis of Scamblings and Videos;

1. Article 260 (1) of the Criminal Act, 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 Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation;