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(영문) 광주지방법원 2016.09.22 2016고단2884

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 17, 2016, at around 19:00, the Defendant was urged to return home from E in the circumstances in which the Defendant was called out, after receiving a report that the Defendant was frighting at a restaurant, at a restaurant.

As such, the Defendant was under the influence of alcohol, and “Isson was in finite, finite, and finite, with no finite,”

경찰관 너희들 씹어 버린다” 라는 취지의 욕설을 하면서 주먹으로 위 경찰관의 가슴 부위를 2회 때리고, 발로 배 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to F, E, G, and H;

1. Application of Acts and subordinate statutes to photographs, in cases where a person under way assaults a victim police officer;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is deemed to interfere with a police officer’s legitimate execution of duties by assaulting a police officer who wears a uniform, and thus, the nature of the crime is not good, and it is determined that a strict punishment is necessary by policy. However, the degree of damage is not serious, and the defendant is against the law, etc., the punishment as set forth in the order shall be determined in consideration of the following: