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(영문) 수원지방법원 2020.04.23 2020고단599

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2020. 1. 24. 23:06경 수원시 권선구 B에 있는 C 오목천점 앞 노상에서, ‘피고인이 술에 취하여 아들을 때린다’는 112 신고를 받고 출동한 수원서부경찰서 D파출소 소속 경장 E으로부터 귀가할 것을 안내받자 화가 나, E에게 "씨발놈이, 개새끼야"라고 욕설을 하며 양손으로 E의 몸을 수회 밀치고, 발로 E의 왼쪽 정강이와 오른쪽 정강이를 각 1회 걷어차고, 계속하여 이를 말리는 위 D파출소 소속 순경 F의 몸을 양손으로 수회 밀치고, 발로 F의 왼쪽 정강이를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of the Acts and subordinate statutes governing bags in the form of assaulting a police officer by a police officer, E, or police officer;

1. Article 136 (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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have been committed by the police officers in light of the degree of violence, etc. by taking out their duties after receiving a report 112 report.

subsection (b) of this section.

However, the defendant shows an attitude against the defendant to recognize the crime of this case, the defendant has no record of being punished for the same kind of crime, and the conditions of the sentencing shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as the sentence of this case.