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(영문) 수원지방법원 2014.11.03 2014고단4504
공무집행방해
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

[Defendant B] The defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[The background of the commission of crime] Defendant B went to the Kandong Police Station C District as the suspect of violence, and Defendant A went to the Kandong Police Station C according to Defendant B.

【Contents of Criminal Conduct】

1. 피고인 A 피고인은 2014. 5. 24. 06:00경 위 C지구대 출입문 앞에서, 상피고인 B가 조사를 받게 된 것에 불만을 품고, 경찰관들에게 ‘개 새끼들아’라고 욕설을 하면서 지구대 안으로 진입하려고 하고, 이를 제지하는 순경 D의 목덜미를 손으로 밀치고, 이 상황을 촬영하려는 순경 E에게 ‘경찰관이 뭘 찍냐, 기자냐, 개 새끼야’라고 욕설을 하면서 경찰관들을 밀쳐내고, C지구대 내 회의실로 뛰어 들어가 그곳에 있던 의자를 잡아당겨 넘어트리는 등 난동을 부렸다.

In addition, after the Defendant was arrested as an offender in the act of committing an offense on the grounds as above, the Defendant was arrested on the ground that the police officer attempted to have the signature in the documents related to the investigation records, and attempted to get the wall out of the earth and prevented the police officer from getting out of the earth’s face.

Accordingly, the defendant assaulted the police officer who performs his duties.

2. Defendant B committed assaulting a police officer to perform his duties by stating that he is a policeman D, who is called “Chewing gue,” and peeped, and indicating a bath with fingers, and by forcing a policeman to cut his mobile phone to take a photograph of this situation, and by removing his video by force, Defendant B committed assaulting a police officer to perform his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of D and G;

1. Damage parts and on-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Reasons for the sentencing of the sentence for the choice of punishment [the scope of recommendation] (the scope of obstruction of performance of official duties and coercion of duties] where the degree of violence, intimidation, and deceptive scheme is minor, the sentence of punishment and recommendation shall be applied to the mitigated area (one month to eight months).

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