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(영문) 의정부지방법원 고양지원 2014.12.30 2014고단1848

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

1. 피고인은 2014. 6. 15. 16:11경 파주시 C에 있는 ‘D’ 중국음식점 내에서 여자 손님이 행패를 부린다는 112신고 지령을 받고 현장 출동한 파주경찰서 E지구대 소속 경장 F이 위 음식점에서 주문한 음식이 마음에 들지 않는다며 항의하는 피고인에게 귀가를 종용하자 "씨발 짭새 새끼들아 돈 받아 쳐 먹었냐, 씨발놈들아 내가 누군지 아느냐, 나는 경찰서로 가야겠다."고 욕설을 하며 양손으로 위 F의 가슴을 2회 밀쳐 폭행하여 경찰관의 112 신고에 따른 현장출동에 관한 정당한 직무집행을 방해하였다.

2. At around 16:44 on the same day as the above 1.36, the Defendant continued to find a zone E district unit of the Pakistan Police Station in G, and went into the earth through the back door, and obstructed the police officer’s receipt of reports, handling of reports, and lawful execution of duties on handling of the situation within the earth by assaulting the F at one time with the Defendant’s hand at the time of assaulting the F’s 112 person’s knife and handling of reports, and handling of the situation within the earth.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Statement given by the police to F;

1. The E-district work site;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis data);

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

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

1. The scope of recommendation for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is limited to obstruction of performance of official duties, and the scope of final sentence due to aggravation of multiple offenses: under the influence of alcohol from six months to one year, it repeatedly interferes with police officers’ legitimate performance of duties, and in particular, it is a crime committed by assaulting police officers by finding in a district belt.