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(영문) 수원지방법원 평택지원 2016.01.07 2015고단1601

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2015. 10. 10. 20:20 경부터 같은 날 20:30 경까지 평택시 엘 지로 소재 음식점 내에서 술에 취해 소란을 부리던 중, 신고를 받고 출동한 평택경찰서 C 파출소 소속 경위 D으로부터 귀가 권유를 받자, 흥분하여 위 경찰관에게 " 사지를 잘라 버린다, 내가 옛날에 식구였다" 라며 경찰관의 팔과 다리 등 몸의 각 관절 부위를 오른손 손날로 수차례 쳐 폭행하고, " 씨 발, 당신들 여기 있으면 사지 끊어 버려, 콱 쳐 버려 , 경찰 옷만 아니면 쳐 버리고 싶네!

The police officer's legitimate execution of duties on the duty of maintaining public order and handling reports by showing his or her behavior that seems to be harmful to drinking while speaking, was hindered.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The basic area (fe.g., interference with performance of official duties and coercion of official duties) (fe., June to one year) (f., one year and four months) of the main area (f.g., the decision of sentence] of the instant crime, but the nature of the instant crime is not good. However, the Defendant is led to the confession that the Defendant committed a crime, D who is a damaged public official is not subject to the Defendant’s punishment, and other circumstances indicated in the records, such as the Defendant’s age, sexual behavior, home environment, etc., shall be

It is so decided as per Disposition for the above reasons.