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(영문) 서울북부지방법원 2018.09.20 2018고단3076

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

피고인은 2018. 7. 22. 11:50 경 서울 강북구 B 아파트 101호 안에서 피고 인과의 다툼 관련한 남자 친구의 112 신고를 받고 경찰공무원들이 출동하였음에도 위 남자친구를 폭행하여 피고인과 남자친구를 분리하기 위하여 서울 강북 경찰서 C 파출소 소속 D으로부터 팔을 붙잡히자 ‘ 아 씨 발! 놔 놔 안 놔!’ 라고 욕설하며 발로 위 D의 복부를 걷어차는 등 폭행하였다.

As a result, the Defendant interfered with the legitimate performance of duties concerning the handling of reported crimes and the prevention and control of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

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 of the suspended sentence [Scope of Recommendation] The basic area (from June to January 1) of Article 62(1) of the Act on the Suspension of Execution of Official Duties (the Decision on the Punishment of Sentence] (the Decision of the Punishment of June to June 1), the basic area (the Decision of the Punishment of the Punishment of the Public Officials), which is not less than that of assault against public officials without any special reason, but is contrary to the defendant's recognition of his criminal act. The circumstances of the crime in this case, the degree of interference with official duties, circumstances after the crime, and other various conditions of sentencing such as the defendant's age, sexual behavior, criminal records, family relationship, economic circumstances, etc. shall be