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(영문) 광주지방법원 2013.09.05 2013고단2647
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2013, at around 00:10, the Defendant was required to stop the act of sprinking the sign from the slope E belonging to the Jeonnam Police Station D commander of the Jeonnam Police Station, who was called out after receiving a report by sprinking around the C market public parking lot located in Namnam, without any reason, under the influence of alcohol at the front of the C market public parking lot located in B.

이에 피고인은 E에게 “뭐, 내가 뭘 잘못했어, 야 씹할 놈아 개새끼야, 그래 파출소로 가자 씹할 놈아”라는 등의 욕설을 하면서 오른손으로 E의 가슴을 1회 밀고, 오른 주먹으로 E의 왼쪽 얼굴을 1회 때리는 등 폭행하였다.

As a result, the defendant interfered with legitimate execution of duties concerning E-on-site movement and handling of reported cases, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act;

1. In light of Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., the defendant interfered with his legitimate performance of official duties by means of assaulting a police officer dispatched after receiving a report under the influence of alcohol, and the fact that the defendant has been punished four times due to the crime of assault and damage related to the violation of the Punishment of Violences, etc. Act, etc. in the past, etc., it seems that a strict punishment is necessary for the defendant. However, the defendant is divided into and against his mistake, and the defendant has no criminal record, except five times a fine, the defendant was subject to punishment, and the defendant has agreed with the victimized police officer after the crime of this case, and the defendant has committed apology and agreed with the damaged police officer. In addition, the defendant's motive, means and results of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and family environment, etc., the punishment shall be determined as ordered by the disposition

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