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(영문) 춘천지방법원 원주지원 2019.01.09 2018고단937
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant committed the crime against B around 03:30 on June 28, 2018, committed the assault against the said B, namely, “I am home from the border of the original police station E zone located in the E zone of the police station, which called “I am going home, I am going home, I am going home, I am, I am. I am. I am. I am. I am. I am. I am. I am, I am. I am, I am. I am. I am. I am. I am. I am, I am, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am., I am. I am. I am. I

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of police officers' crimes and the maintenance of public peace and order.

2. F에 대한 범행 피고인은 같은 날 04:10경 원주시 G에 있는 원주경찰서 E지구대 사무실에서, 현행범 체포 서류를 작성 중이던 위 지구대 소속 경위 F에게 “야, 이 씹새끼야. 내가 뭘 잘못했는데. 내 친구들한테 너 배때기 칼로 쑤셔 죽이라고 할거야, 씹새끼야.”라고 욕설하며 위 F을 향해 침을 3회 뱉는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and F;

1. A H statement;

1. Application of Acts and subordinate statutes to photographs, such as 112 reported case handling lists and violence records;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime was committed in light of the method and result thereof, etc., but there is no previous conviction against the defendant, and that the defendant has a depth of his mistake, and other circumstances such as the motive and circumstance of each of the crimes of this case, circumstances after the crime, age of the defendant, occupation, family relation, health status

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