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(영문) 대전지방법원 서산지원 2017.06.22 2017고단322

공무집행방해등

Text

1. The punishment of the accused shall be three months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On February 23, 2017, from around 23:00 on the same day to around 23:40 on the same day, the Defendant obstructed the victim’s convenience store business for 40 minutes by force, such as breading the victim D, who had worked in a place without any justifiable reason, by drinking at the C convenience store located in Seosan-si B, Seosan-si.

2. 공무집행 방해 피고인은 2017. 2. 23. 23:40 경 제 1 항 편의점에서 D의 신고를 받고 현장에 출동한 서산 경찰서 E 지구대 소속 순경 F( 남, 24세) 가 피고인을 제지하고 사건 경위 및 인적 사항을 물어보자, 위 경찰관에게 “ 야 이 짭새들아! ”라고 소리치며 주먹으로 위 경찰관의 가슴 부분을 수회 밀었다.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant legal provisions concerning facts constituting an offense, interference with the choice of punishment: Article 314 (1) of the Criminal Act, interference with the performance of official duties in the choice of imprisonment: Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act are crimes 1 [the scope of a recommendation] [the scope of a recommendation] that interferes with the performance of official duties, and where the degree of interference with violence, intimidation, deceptive scheme, or public duties is minor, the degree of interference with the execution of official duties is minor, the crime 2] [the scope of a recommendation] [the scope of a punishment - one month to eight months] and the mitigated area (including a special mitigated person] [the person who has made efforts to recover damage] mitigated area of punishment (including a serious effort to recover damage): The final sentencing scope according to multiple aggravated crimes, which is minor from January 1 to August 1 [the sentence], but the defendant agreed with the victim and the police officer.