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(영문) 춘천지방법원 강릉지원 2016.03.31 2015고단1447
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 공무집행 방해, 상해 피고인은 2015. 12. 14. 23:03 경 동해시 C에 있는 D 나이트 앞 노상에서, 피고 인의 폭행행위에 대하여 112 신고를 받고 출동한 동해 경찰서 E 지구대 소속 경찰관 경위 F, 순경 G가 피고인을 폭행 혐의로 현행범인 체포하여 순찰차에 태우려 하자, 바닥에 드러누워 “ 야, 너 네 경찰새끼들 아 돈 받아 처먹었어, 왜 나를 잡아가 ”라고 욕설을 하고, 피해자 순경 G( 남, 34세) 가 피고인을 순찰차 뒷좌석에 태우자, 순찰차 뒷좌석에 드러누워 발로 피해자 순경 G의 가슴 부위를 2회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties concerning the arrest of a flagrant offender G, who is a police officer, and at the same time, the Defendant inflicted an injury on G, such as a plede on the left-hand part of the need to be treated for about two weeks.

2. The Defendant damaged public goods at the time, at the place, as described in the above paragraph 1, and as described in the above paragraph 1 at the time, and at the place, the Defendant arrested the Defendant in flagrant offender, thereby impairing the utility of the goods used by public offices to the extent of approximately KRW 20,00 won for repair cost by putting the back glass on the back seat of the patrol seat of E District at the police station in the same year, which belongs to E District of the police station in the front seat of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes governing diagnosis certificates, estimates, and damaged photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of injuring an injury) and Article 141 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

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

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

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