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(영문) 전주지방법원 2016.05.25 2016고단313
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 6, 2016, at around 20:28, the Defendant: (a) received a report from two persons who drinked in a “D” restaurant located in Kim Jong-si, and called to the site by wearing a uniform, and was aware of the details of the report, etc. against the business owner and the Defendant.

E 파출소 소속 경위 F(44 세 )에게 갑자기 “ 씨 발 놈 아 이 개새끼야, 뭐 여 좃 같은 놈 아, 내 남편이 현대 자동차 다닌다, 너는 뭐 여 씨 발 놈 아 ”라고 욕설을 하면서 발로 F의 다리 부위를 2회 걷어차고, 주먹으로 F의 얼굴 왼쪽 눈 부위를 1회 때려 쓰고 있던 안경이 바닥에 떨어지게 하였다.

Accordingly, the Defendant assaulted a police officer as above and interfered with the legitimate execution of duties by a police officer on dispatch duty and crime prevention and investigation duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and G;

1. Photographs;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case and report internal investigation;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act to attend a lecture [Sentencing Criteria] / [Scope of Recommendation] No person who does not have the basic area (from June to one year and four months) (the person subject to special sentencing] [Pronouncement Decision] 4 months of imprisonment, suspension of execution of sentence 1 year (the fact that the defendant did not have any past conviction other than one fine shall be the favorable sentencing factor; the fact that the defendant assaults a police officer in a police box during the police box during the next time, and that the defendant interfered with the police duties, such as assaulting the police officer, leaving the police box during the police box, etc., shall be identified as an unfavorable sentencing factor and set the sentence as per the Disposition)

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