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(영문) 서울북부지방법원 2015.02.05 2014고단3587

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 2014. 10. 12. 14:05경 서울 중랑구 봉화산로193 신내 11단지 아파트 입구 앞 도로에서, 112신고를 받고 출동한 서울 중랑경찰서 B지구대 소속 경찰관 C으로부터 무단횡단 여부에 관한 질문을 듣자, 위 경찰관에게 "씨발 짭새 새끼가 여기 왜 왔어, 안 꺼져, 씹 새끼야"라고 욕설하고 계속하여 위 경찰관을 때릴 듯이 주먹을 휘두르며 발길질을 하고, 손으로 위 경찰관의 가슴을 밀어 넘어뜨리는 등 폭행하여 경찰관의 범죄예방진압 및 수사에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of the victim;

1. Each investigation report (to be accompanied by a counter investigation by a shote and a list of reported cases, and by voice recording materials);

1. Application of CD-related Acts and subordinate statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the past record of criminal punishment due to an act of violence, has reached the crime of this case again, under the influence of alcohol, causing traffic inconvenience by crossing the road several times, and the police officer who was dispatched upon receiving a report to take a bath and assault is not easy. However, the fact that the defendant is led to confession and reflect, the degree of assault against a police officer is not excessive, and the circumstance of the crime of this case, the situation of the crime of this case, the form, the circumstances after the crime, the character and conduct of the defendant, and the environment, etc. are considered, and the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.