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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단2195
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

On May 25, 2016, the Defendant: (a) received a report on the fact that the Defendant is taking a bath without paying the taxi fee before the department store, and sent the report to the assistant C belonging to the Goyang Police Station B district unit of the Goyang Police Station, which was under ascertaining the circumstances of the instant case against the Defendant, and assault the Defendant, such as putting a bath on the face of the C, for drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant spawns the police officer with a plaque, such as drinking. The contents of the crime are not good.

However, it is reasonable to consider that the defendant shows his attitude to reflect and does not have the same power.

More than one point, and the sentencing conditions specified in the trial process of this case, such as the age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

Public Prosecution Rejection Parts

1. 공소사실의 요지 피고인은 2016. 5. 25. 22:55경 고양시 일산동구 장항동에 있는 롯데백화점 앞에서 피해자 D(52세) 운전의 택시에 승차하여 같은 시 덕양구 행신 3동 895 햇빛마을 부근 노상에 도착한 후 피해자로부터 택시요금 지불을 요구받자, 피해자에게 “야! 씨발놈아”라고 욕설을 하며 주먹을 쥔 오른손을 들어 피해자를 때릴 것처럼 위협하였다.

2. The above facts charged constitute a crime falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. The victim shall be punished against the defendant after the prosecution of this case.

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