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(영문) 광주지방법원 순천지원 2020.02.13 2019고단1714

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 29, 2019, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Gwangju District Court's netcheon Branch on March 29, 2019, and the judgment becomes final and conclusive on April 6, 2019 and is

피고인은 2019. 7. 6. 02:50경 순천시 B에 있는 ‘C’ 유흥주점 앞 노상에서, 위 주점 손님인 D이 술값을 지불하지 않고 소란을 피운다는 112 신고를 받고 출동한 전남순천경찰서 E지구대 소속 경찰관들인 경위 F, 경사 G이 위 D을 현행범인으로 체포하자 경찰관들이 D을 부당하게 체포한다고 임의로 생각하고 위 경위 F에게 “야, 이 씹할 놈! 개새끼들아! 네들이 경찰들이냐 왜 죄 없는 사람을 체포하냐!”라는 등 욕설을 하면서 양손으로 멱살을 잡아 밀치고 이를 제지하는 경사 G의 오른손을 잡아 비틀었다.

Accordingly, the defendant assaulted the above police officers and interfered with their legitimate execution of duties on the maintenance of public order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F and G;

1. Investigation report (verification of Horse or CCTV);

1. Previous records: Criminal records, investigation reports (Attachment to a copy of a stay of execution of a suspect's sentence), application of statutes of the judgment;

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

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

1. Circumstances unfavorable to the reasons for sentencing chosen to impose a sentence of imprisonment: In light of the fact that the nature of the crime is inferior, such as assaulting a police officer who performs the duty of 112 reporting, the degree of tangible force exercised is not easy: The fact that a police officer is not injured in the course of obstruction of performance of official duties; the confession and reflect in this court; and other cases where a sentence of imprisonment with prison labor becomes final and conclusive for the defendant, imprisonment with prison labor, the first head of the crime of this case, which is invalidated and postponed, shall also be serving together; family relation, age, character and conduct; and intelligence of the defendant.