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(영문) 제주지방법원 2018.11.02 2018고단2135

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On June 2, 2016, the Defendant was sentenced to six months of imprisonment by the Jeju District Court for interference with the execution of official duties, etc., and completed the execution of the sentence in the Jeju Prison on April 30, 2017.

[ 범죄사실] 피고인은 2018. 9. 17. 16:10 경 제주시 관 덕로 67에 있는 탐 라 문화 광장에서, 자신의 일행들과 함께 술을 마시고 있던 중, 위 탐 라 문화 광장 일대 노숙 음주 윷놀이 등 노숙 우려 자 계도 및 귀가조치 등을 위한 순찰 근무를 하고 있는 자치경찰단 B 소속 순경 C 등으로부터 다른 곳으로 이동하여 술을 마실 것을 권유 받자 화가 나 C에게 “ 야 이 짭새 새끼야! 야 이 개새끼야! 이 씨 발 놈아! 나랑 싸우자. 씨 발 놈아!” 라는 욕설을 하면서 C의 얼굴을 향해 주먹을 3회 정도 휘두르고, 발로 C의 다리를 1회 걷어차는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning patrol service for self-governing police officers' guidance and returning home.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of reference witnesses of D;

1. One copy of a report on investigation (limited to a daily work log for victimized police officers), and one copy of a daily work log;

1. Previous convictions in judgment: Application of the provisions of Part III Acts and subordinate statutes in response to inquiries, such as criminal history, investigation reports (the period of repeated crime and confirmation of the same kind of power), one copy of the personal confinement status, sentence, and summary order;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes shows the attitude that the defendant acknowledges and reflects the crime.

However, since around 2013, the defendant was punished twice due to the crime of interference with the execution of official duties since the around 2013, and the defendant was released from the prison due to the crime of interference with the performance of official duties and the crime of interference with the performance of official duties and was committed again during the period of repeated crime.