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(영문) 광주지방법원 목포지원 2017.10.13 2017고단713

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2017. 6. 4. 02:30 경 목포시 B 아파트 313동 103호 자신의 집에서, ' 피고인의 집에서 가정폭력이 있다‘ 는 112 신고를 받고 출동한 목포 경찰서 C 파출소 소속 경위 D가 시정되어 있지 아니한 피고인의 집 출입문을 열고 들어가 현관입구에 화분 등이 깨져 있고, 피고인의 처의 목에 빨갛게 상처가 있는 것을 보고 피고인에게 신고 내용을 고지한 후 사실관계를 확인하려고 하자 " 뭔 디 니들이 들어와", " 내 집에 영장 가지고 왔어

"A freshed the chest of the police officer, referring to the freb" that is not a freck's rack, and assaulted twice the chest of the police officer.

Accordingly, the defendant assaulted the above police officer, thereby obstructing the police officer's legitimate execution of duties concerning the prevention of crime and handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the Acts and subordinate statutes concerning mobile phone images and closure photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order is that the defendant committed the crime of this case again even though he was already punished several times due to the crime related to violence. On the other hand, the defendant recognized the crime of this case and reflects it, contingent crime, the degree of violence by the defendant is not limited to that of the police officer's chest, and the degree of violence used by the defendant is not limited to that of the police officer's chest, and the agreement is reached with the police officer subject to the crime