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(영문) 수원지방법원 안산지원 2015.04.10 2015고합14

특수공무집행방해치상등

Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

피고인은 2015. 1. 18. 03:50경 시흥시 D, 101호에 있는 자신의 집에서, ‘옆집에서 싸우고 있다.’라는 내용의 신고를 받고 출동한 시흥경찰서 E지구대 소속 경장인 F(34세), G(31세)이 자신의 처인 H을 불러 싸움의 경위에 관한 진술을 청취하려 하자, ‘경찰 개새끼들아. 너희가 뭔데 나오라 마라 하느냐 ’라고 욕설을 하면서 손으로 F의 왼손 검지를 잡아 꺾고, 피고인을 진정시키려는 G의 왼쪽 허벅지를 1회 걷어찼다.

Then, the Defendant: (a) carried flives, which are dangerous things in the host; (b) carried flives two parts of F’s glives; (c) carried flives into a flagrant offender; and (d) carried flives to arrest himself as a flagrant offender; (c) flives to deflive his glives, and flives into a flive body; and (d) flives the part of the flives, which

As a result, the Defendant assaulted police officers G who perform duties related to the handling of domestic violence cases, while carrying dangerous objects, and assaulted police officers F who perform such duties to injure them.

Summary of Evidence

1. Defendant's legal statement;

2. Each legal statement of witness F and G;

3. The statement of each police officer made to F and G;

4. A written statement of I and J;

5. A written diagnosis of injury;

6. Application of each statute of photograph;

1. Article applicable to criminal facts;

(a) The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act;

(b) Injury resulting from special obstruction of performance of official duties: the proviso of Article 144(2) and Articles 144(1) and 136(1) of the Criminal Act

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of causing serious injury to a special obstruction of performance of official duties).

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument does not constitute a dangerous object as prescribed by Article 144(1) of the Criminal Act.

2. Determination.