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(영문) 수원지방법원 평택지원 2014.11.06 2014고단1054

공무집행방해

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On March 24, 2014, Defendant A was issued a summary order of KRW 1 million as a crime of damaging public goods at the Credit branch of Suwon District Court.

【Criminal Facts】

피고인은 2014. 6. 15. 02:50경 평택시 C에 있는 D 가게 앞 길에서 지인인 E가 평택경찰서 F파출소 소속 경찰관인 G(26세)로부터 현행범인 체포되어 순찰차에 태워지는 것을 발견하고, G에게 “씨발놈아, 왜 잡아가냐, 놔줘라 그 사람에게 얼마를 받고 이러는 거냐, 씨발새끼야”라고 욕을 하며 손으로 G의 가슴 부위를 1회 밀치고, G의 팔을 내리치고, 그 옆에서 이를 제지하며 핸드폰으로 동영상을 촬영하려던 평택경찰서 F파출소 소속 경찰관인 H(30세)에게 “씨발놈아”라고 욕을 하며 손으로 H의 가슴 부위를 1회 밀치고, H의 팔을 내리쳐 폭행하였다.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers on crime prevention and suppression.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to G and H;

1. Application of the laws and regulations of I and J

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished once by a fine for the same kind of crime. The crime of this case is likely to obstruct the police officer's arrest of an offender in the act of violence and bathing, and there is a need for strict punishment as it is not good in light of its circumstances.

However, the sentence shall be sentenced as ordered by the decision of suspension of execution in consideration of the fact that the defendant appears to have the attitude of pening the crime, the fact that there is no criminal record exceeding the fine, the family relationship and health status of the defendant, etc.