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(영문) 광주지방법원 2019.02.20 2018고단4913
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 26, 2018, at around 19:10, the Defendant tried to open and board a steering line with the police vehicle parked there, without any reason, at the front of the police box of the Gwangju Southern-gu Seoul Southern-gu Seoul Southern-gu Seoul Southern-gu, and without any reason, the police vehicle parked therein.

At the same time, the police patrol unit was waiting to patrol at night, and D was on board the police box affiliated with the above police box, and D asked the Defendant “this vehicle is not a taxi, but a police vehicle, but a police vehicle, which is off the train, to restrain the Defendant who wants to board the police vehicle as above.”

그러자 피고인은 갑자기 위 D에게 “이놈의 새끼, 어린놈의 새끼가 말을 함부로 하네, 개새끼.”, “내 자식뻘도 안 되는 놈이 까분다. 한 주먹감도 안 되는 놈.” 등의 욕설을 하면서 손에 들고 있던 비닐봉지를 D에게 휘두르다가 오른 주먹으로 D의 턱 부위를 1회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to night patrol service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on video photographs at the scene of obstruction of performance;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Consideration of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - Defendant’s mistake is recognized, and Defendant has no record of punishment since 2012

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