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(영문) 서울중앙지방법원 2015.02.04 2014고단8561

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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. On September 26, 2014, around 04:20 on September 26, 2014, the Defendant: (a) suffered injury on the face of the victim, with the defective hand-to-face that the victim B (n, 40 years old) would drink together with drinking, and that the victim B (n, female, and 40 years old) would take a house after drinking together; and (b) caused injury to the victim, who walked his body on several occasions, requiring approximately three weeks of medical treatment.

2. 공무집행방해 피고인은 제1항의 일시ㆍ장소에서 폭행죄의 현행범인으로 체포되어 서울 혜화경찰서 소속 C파출소에 연행된 후, 같은 날 04:50경 위 파출소에서 근무 중인 경장 D이 사건에 관한 진술을 해달라고 요구하자 “야 개새끼야, 뭘 기분 나쁘게 쳐다보냐, 몇 살 쳐 먹었냐”라고 욕설을 하면서 왼손으로 위 D의 오른쪽 얼굴을 강하게 1회 때려 경찰관의 범죄 수사에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, B, and E;

1. The application of investigation reports (the submission of a victim B identification card and a certificate of injury) and the application of Acts and subordinate statutes to a criminal investigation report (a CCTV data attached to the C

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for a crime;

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 (the following grounds for sentencing)

1. The scope of final sentence due to the aggravation of multiple offenders, who have no basic area (referring to the scope of recommendations) (referring to April to one year and six months) of the basic area (referring to the person who is a special person) of Type 1 of General Injury (referring to the scope of recommendations) [referring to the obstruction of performance of official duties] (referring to the scope of recommendations] and the basic area (referring to June to one year and four months) of the obstruction of official duties (referring to the obstruction of performance of official duties) (referring to six months and one year and four months): 6 months to February 2.