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(영문) 대구지방법원 2016.12.15 2015고단5958

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. 공무집행방해 피고인은 2015. 11. 26. 14:30경 대구 수성구 B에 있는 ‘C’ 병원 앞 노상에서 주취자 행패 신고를 접하고, 현장에 출동한 대구 수성경찰서 D지구대 소속 경위 E와 경위 F이 신고자를 폭행하려는 피고인을 제지하면서 피고인에게 인적사항을 묻자, 경위 E에게 “야이 시발놈아, 너 이름 뭐꼬”라고 욕하며 발로 우측 정강이를 2회 차고, 경위 F에게 “야이 시발년아 알아서 뭐 하노”라고 욕하며 발로 우측 다리 부위를 1회 차는 등 폭행하여 범죄의 예방ㆍ진압 및 수사에 대한 경찰관의 정당한 공무집행을 방해하였다.

2. The Defendant was arrested in a flagrant offender on the grounds of paragraph 1, and was admitted to the six detention rooms of the Suwon-dong Police Station located in Daegu Suwon-dong 238-37.

On November 26, 2015, at around 17:05, the Defendant, within six rooms of the detention room of the relevant Suwon Police Station, was drunk, and was able to take the toilet door as a hand and scam without any reason, and was able to take the cryle board, which is a public object attached to the toilet door, in drinking, so that the cryle board has the effect of getting the cryle board removed from the toilet door.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. G statements;

1. The application of Acts and subordinate statutes to each investigation report (a photograph of damaged part and a repair cost receipt shall be attached);

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 141 (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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act was committed on the grounds of suspended execution, by exercising assault against police officers in the course of performing official duties, and by damaging public goods, and thus, the nature of the crime is not good. However, the defendant was punished once by a fine for violating the Establishment of Homeland Reserve Forces Act in 197.