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(영문) 의정부지방법원 고양지원 2016.09.02 2015고단3029

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 10. 23. 22:30경 고양시 덕양구 C 오피스텔 1층 비상계단에서 술에 취해 잠을 자던 중 112신고를 받고 현장에 출동한 고양경찰서 D지구대 소속 순경 E가 흔들어 깨우자 ‘씨발년아, 니가 경찰이냐 ’, ‘경찰이면 다냐, 날 좀 내버려 둬라’라고 욕설하며 순경 E를 향해 발길질을 하여 손과 허벅지 부위를 수회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of F’s police statement-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. The reason for sentencing of Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is that it is unfavorable for the defendant to commit an act of obstructing the performance of official duties that assaults a police officer to safely return

However, it is reasonable to take into account the fact that the defendant is detained for a certain period of time, and that the defendant is the first offender.

More than one point, and the sentencing conditions specified in the trial process of this case, such as the age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.