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(영문) 춘천지방법원 영월지원 2017.10.31 2017고단203
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 26, 2017, the Defendant reported to 119 on the ground that the body is not good while drinking alcohol in D, which is located in Pyeongtaek-gun, Gangwon-gun, the Defendant reported to 19 on the ground that the body is not good. Upon receipt of the report, the fire headquarters, upon receiving the report, requested “request for joint fire-fighting response” to the Pyeongtaek-gu Police Station, and the Defendant sent the police box belonging to the Bupyeong-gu Police Station E commander at the site.

피고 인은 위 F이 신분 확인을 위해 이름을 물어보자 “ 야 씹새끼야 니들이 알아서 뭘 해 씨 발.” 이라고 욕을 하고, 이에 위 F이 욕을 하지 말고 인적 사항을 알려 달라고 하자 두 손으로 위 F의 멱살을 잡아 흔들고, 위 F이 피고인에게 멱살을 놓으라고 말했음에도 계속하여 위 F의 멱살을 잡고 돌려 왼쪽 어깨 계급장을 떨어지게 하는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement;

1. 112 Notification to a department related to the report of the case;

1. Application of damaged Acts and subordinate statutes to victim slopeF;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no person [the person who has been subject to special sentencing] in the basic area (6 months to 1 year and 6 months) of the Social Service Order No. / [Pronouncement Decision] / The defendant recognized the crime of this case, the defendant has no record of punishment beyond the fine, and the police officer in the performance of his duties committed assault and interfere with the performance of official duties. It is ordered as a disposition by taking into account all the sentencing conditions shown in the records of this case, such as the defendant's age, sex, environment, motive, means, method, and consequence of the crime of this case, and the circumstances before and after the crime.

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