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(영문) 서울중앙지방법원 2017.01.10 2016고단5512
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

피고인은 2016. 4. 30. 04:50 경 서울 강남구 C에 있는 서울 강남경찰서 D 파출소에서, 택시기사 E 와 택시요금 문제로 말다툼을 하다가 위 D 파출소 소속 순경 F이 E로부터 민원 신고 내용을 듣는 사이에 갑자기 “ 경찰관들이 뭘 알아, 내가 왜 요금을 내냐

As the phrase “F is running away from the police box,” the F was assaulted by the following: (a) the F drive the Defendant at the parking lot before the police box; (b) the f was pushed the Defendant; (c) the f was pushed the f’s chest part by hand; and (d) when the f was f’s face by drinking the f with a f’s face.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. The results of two photographs of victimized police officers, CCTV photographs, E-mail communications of taxi engineers, and F telephone communications of police officers;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV images stamped by a suspect's assault);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The instant crime was committed by assaulting a police officer performing his/her duties, thereby obstructing the exercise of public power, and its nature is not good.

The motive leading to the crime of this case is not good, and the damaged police officer is trying to punish the defendant.

In the past, the defendant has been punished by a sentence, suspension of execution, fine, etc. over several times due to violence in the past, and even though he had the record of being punished by a crime of interference with the performance of official duties in around 2008, he again committed the crime in this case.

The favorable circumstances: the defendant reflects his fault.

The degree of damage suffered by the damaged police officers is relatively minor.

In addition, the age, sex, environment, family relationship, motive, means and result of the crime of the defendant.

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