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(영문) 대전지방법원 홍성지원 2018.04.24 2018고단97

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

피고인은 2018. 1. 10. 20:30 경 충남 홍성군 C 아파트 123동 3-4 라인 지하 주차장에서, 음주 운전 신고를 받고 출동하여 피고인의 배우자인 D에 대하여 음주 측정을 시도하는 경찰관들을 방해하고자 충남 홍성 경찰서 E 파출소 소속 경위 F의 멱살을 양손으로 잡고 흔들고 목 부위를 1회 때리고, 이를 제지하는 같은 파출소 소속 순경 G의 왼쪽 뺨을 손으로 1회 때리고 발로 다리 부위를 1회 걷어찼다.

After all, the defendant interfered with police officers' legitimate execution of duties on criminal investigation and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The legitimate exercise of public authority by the State with reason of sentencing Article 62-2 of the Social Service Order Criminal Act should be protected for peace and safety of all citizens, including the Defendant himself/herself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, considering favorable circumstances, such as the fact that the defendant repents and reflects his mistake, the degree of violence is not heavy, and the fact that the defendant has no previous conviction in the same kind, the punishment as the order shall be determined by taking into account the defendant's age, sexual behavior, environment, etc., and the various sentencing conditions shown in the argument of this case.