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(영문) 의정부지방법원 2016.04.20 2016고단288
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

피고인은 2015. 10. 4. 04:20 경 서울 종로구 B에 있는 C 노래방 지하층에서 친구인 D 와 술을 마시다가 D 얼굴을 주먹으로 때리고 욕설을 하는 등 소란을 피우던 중, 112 신고를 받고 출동한 서울 종로 경찰서 E 파출소 소속 경찰 관인 경위 F에 의해 D와 분리되어 노래방 밖으로 나오게 되자, 경찰관 F에게 “ 씹할, 내가 뭘 잘못했는데, 친구와 그럴 수도 있지. 내가 뭘 잘못했냐고 씹할, 수갑 채워. ”라고 소리치며 D 와 계속 싸우려 하였다.

Accordingly, F attempted to arrest the defendant as the current offender of the crime of assault, the defendant tried to use the F's chest at two tights, walked the f's chests at two times, walked the f's mouths, f's belt f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f', and

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police with regard to F;

1. Application of investigation reports (crime security CCTV inquiries into generated places - CDs)-law;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (the scope of recommended punishment) is that there is no person [special sentencing person] in the basic area (from June to January 4) (the special sentencing person] [the sentence decision] [the 8 months] imprisonment, the establishment of the national legal order for the suspended execution of 2 years, and the elimination of the clibity of public authority, such as interference with the performance of public duties, etc.

Under the influence of alcohol, the defendant assaults a police officer called out after receiving 112 report and obstructs his legitimate execution of his duties, and the responsibility for the crime is hot.

The defendant.

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