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(영문) 청주지방법원 제천지원 2019.10.17 2019고단257

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2019. 8. 7. 03:21경 제천시 B에 있는 ‘C' 주점에서 ‘손님과 술값 시비가 있다.’라는 112 신고를 받고 현장에 출동한 제천경찰서 D지구대 소속 경사 E으로부터 귀가를 요청받자 화가 나, E에게 “내가 왜 계산을 해야 하는데, 개새끼들, 짭새새끼야.”라는 등으로 계속하여 욕설을 하고 손으로 E의 어깨 부위를 1회 밀치고 왼쪽 무릎 부위를 1회 발로 차는 등 폭행을 가하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to photographs, such as a list of 112 reported cases and criminal scene;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The Defendant assaulted police officers in charge of crime prevention and criminal investigation to interfere with the performance of official duties.

The crimes of defendants are very serious crimes that threaten the safety of police officers who serve to maintain social public order, such as protecting people's lives and bodies, preventing, suppressing, and investigating crimes, and injure their honor and pride.

The defendant has committed another type of crime (the crime of violation of the Road Traffic Act) while under the suspension of execution.

The favorable circumstances: The mistake is recognized and reflected.