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(영문) 춘천지방법원 강릉지원 2021.02.17 2020고단1081
공무집행방해등
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

1. On September 19, 2020, the Defendant, while under the influence of alcohol in front of the 23:35 Dool-si Bel on September 19, 2020, told the victim C (the remaining and the age of 27) to “a tobacco is changed, a mobile phone is changed,” but the Defendant assaulted the victim (the victim) by walking the victim’s face at one time on the ground that the victim was not known, and by walking the victim’s left side side, once.

2. 공무집행 방해 피고인은 같은 날 23:50 경 강릉시 D 호텔 로비에서 112 신고를 받고 출동한 경찰공무원 E, F이 전항과 같은 폭행 사건을 인지하고 피고 인의 인적 사항을 묻자, “ 씨 발 새끼야! ”라고 욕설을 하면서 오른손으로 E의 목 부위를 1회 찌르고, 발로 배 부위를 2회 걷어차고, E와 F이 피고인을 현행범인 체포한 후 순찰차에 승차 시키려고 하자 이를 거부하면서 발로 E를 수 회 걷어차고, 발로 F의 낭 심과 배 부위를 각 1회 씩 걷어찼다.

Around that time, the Defendant continued to be transferred to the G office of the 377 Gangnam Police Station G office in Gangnam-gu, Gangnam-si, and was spiting, with a bad hand, the Defendant spits, spiting, etc. the left side of E at one time, and the Defendant was spiting the face of E.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Each police statement made by the defendant in court C and E;

1. A written statement;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 1, 12), each internal investigation report (Evidence List No. 8,9) No. 112, and a copy of the reported case processing list, and a copy of the retained work site;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment specified for a crime committed against E with heavier punishment between interference with the execution of each official duty and the punishment for a crime committed against E with heavier punishment);

1. Selection of imprisonment with labor, considering the quality of the crime interfering with the selective performance of official duties;

1. Aggravation concurrent crimes;

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