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(영문) 광주지방법원 목포지원 2020.06.30 2019고단1271

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On September 24, 2019, around 00:15, the Defendant cannot be able to sleep by sluring it from the 10th floor.

'는 112신고를 받고 출동한 목포경찰서 D파출소 소속 경장 E로부터 집안의 물건이 파손되고 어지럽혀진 이유에 대한 질문을 받자 위 E에게 “이 씹할 모질아, 병신아, 좆밥아, 마스크 벗고 말해, 이 모질아, 병신새끼야, 죽여버린다”라고 욕설을 하고, 계속하여 “들어와 씹할 놈아, 걷어 이 개새끼야 씹할 놈아”라고 욕설을 하며 손으로 위 E의 몸을 1회 밀치고, 손을 위 E가 입고 있던 외근 조끼 주머니에 넣은 후 잡아당겨 넘어뜨려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes to an investigation report (such as the details of receipt of the report), a copy of the service log of a police box, and a report on internal investigation (limited to attachment of a mobile phone inquiry device and video image);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence: Four months of imprisonment with prison labor, one year of suspended sentence (including the fact that a person commits an offense, the fact that the person has not been punished by a fine exceeding the fine, and the extent of the exercised tangible power is insignificant, etc.);