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(영문) 의정부지방법원 2020.02.13 2019고단4089

공무집행방해등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On April 27, 2019, from around 06:05 to 07:05 on the same day, the Defendant obstructed the victim’s restaurant business by force, such as: (a) while smoking tobacco in the “D” restaurant operated by the victim C, who listens to the phrase “D” restaurant operated by the victim C; (b) sees the victim’s speech that he does not smoke indoor; (c) under the influence of alcohol, she takes a bath with the large sound called “nick and spact gushes”; and (d) she prevents customers entering the restaurant by exposing the disturbance, such as lying the disturbance, from entering the restaurant, and preventing them from entering the restaurant.

2. 모욕 및 공무집행방해 피고인은 2019. 4. 27. 07:00경 위와 같은 장소에서 112신고를 받고 현장에 출동한 의정부경찰서 E지구대 소속 사법경찰관인 피해자 F와 피해자 G이 신원확인을 위해 신분증 제시를 요구하자, C 등이 있는 자리에서 술에 취해 피해자들에게 “이런 개새끼 씹할놈들아! 경찰관 좆같은 새끼들아! 너네 유착이지!”라고 큰소리로 말하고, “야 이 씹할놈아, 내가 거지꼴을 만들어 줄게!!”라고 욕설을 하면서 손으로 위 지구대 소속 사법경찰관인 H의 팔을 1회 때리고, I의 멱살을 잡고 가슴을 미는 등 폭행하였다.

Accordingly, the defendant openly insulting victims, and interfered with the legitimate execution of duties of police officers concerning the investigation and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. C’s statement;

1. Application of the Acts and subordinate statutes of G and F to each complaint;

1. Article 136 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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

1. The following circumstances are the reasons for sentencing under Article 62(1)(i) of the Criminal Code, and others.