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(영문) 서울남부지방법원 2016.04.28 2016고단886

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

The Defendant is receiving medical treatment because he/she has a flat disability (complication) and alcohol abuse certificate. On February 28, 2016, when he/she lacks the ability to make decisions under the influence of alcohol on February 17:30, 2016, in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Government Transport Information Center, he/she f7's in the middle of Yeongdeungpo-gu, Seoul Metropolitan Government, and fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright, who

Doese, Doz.;

내가 검사와도 맞짱 뜨는 놈이야 씨 발 새끼들 아, 내가 너희들 직위 해제 시킬 거야 개새끼야” 등의 욕설을 하며 주먹으로 피해 자인 위 B 소속 경찰관인 C(28 세) 경장의 우측 안면부를 1회 치고, 발로 피해자의 우측 엉덩이 부위를 1회 차는 등 하여, 경찰관의 순찰 및 단속 등과 관련한 정당한 공무집행을 방해함과 동시에 피해 자가 착용하고 있던 안경을 부러뜨려 피해자 소유의 시가 미상의 재물을 손괴하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] / [the basic area of sentencing] interference with the performance of official duties: June to April [the person subject to special sentencing] mitigated (the grounds for special sentencing]: January to August [the decision of sentence]; the background of the instant crime; the degree of violence being exercised; the defendant's mistake is recognized; the part concerning the crime of damage to property is agreed upon with the victimized police officer (the part concerning the crime of damage to property. However, in relation to the crime of interference with the performance of official duties, it is a very meaningful reason for sentencing that is agreed individually with the police officer.