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(영문) 의정부지방법원 2016.11.18 2016고단4274
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2016. 9. 4. 20:40경 의정부시 B에 있는 C파출소 앞에서, 택시기사의 택시 요금 청구에 대하여 지급을 거부하면서, 피고인의 목적지를 묻는 C파출소 소속 경사 D에게 “씨발 새끼들아 경찰이 알아서 뭐 할래, 좆같은 새끼들아.”라고 욕설하고, 경사 D의 얼굴에 침을 뱉고, 경사 D의 오른 정강이와 허벅지를 수회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the situation service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement of E;

1. Entry of photographs of victimized police officers and application of video-related Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act (amended by Act No.62(1) of the suspended sentence (amended by Act No.62(1) of the Criminal Act) (amended by Act No.62(1)) (amended by Act No.5 years (amended by Ordinance of the Ministry of Health and Welfare) (amended by Ordinance of the Ministry of Health and Welfare) (amended by Ordinance of the Ministry of Health and Welfare) (amended by Ordinance of the Ministry of Health and Welfare) (amended by Ordinance of the Ministry of Health and Welfare), the basic area of the obstruction of performance

However, in consideration of the fact that the defendant is living against the defendant while making a confession of the crime, there is no criminal record of the same kind or the suspension of execution, and the fact that he paid a taxi fee to E, and deposited 300,000 won to D/F for the recovery of damage, he/she shall be sentenced to imprisonment and the execution thereof shall be suspended.

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