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(영문) 의정부지방법원 2016.10.05 2016고단2896
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 19, 2016, at around 00:55, the Defendant returned a taxi after drinking friend and drinking on the front side of the city B at the Government of the Republic of Korea, and put the taxi into a taxi engineer and a vision.

피고인은 택시기사의 “손님이 타자마자 욕을 하고 시비를 건다”는 취지의 112신고를 받고 출동한 의정부경찰서 C지구대 소속 경찰관 D에게 술에 취한 채 “씨발, 좆같은 짭새 놈들아!”라고 욕설을 하며, 오른 주먹으로 위 경찰관을 때릴 듯이 2회 휘두르고, “좆 되 볼래, 씨발 놈아”라고 욕설을 하며 위 경찰관의 왼쪽 팔 부위를 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the police officer's performance of official duties concerning 112 reported handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The written investigation report of D’s written statement E (written statement by the reporter’s phone) (the defendant asserts to the effect that he was under the influence of alcohol at the time of committing the instant crime. According to the records, it is recognized that the defendant was under the influence of alcohol at the time of committing the instant crime, but, in light of the circumstances leading to the instant crime, the details of the crime, the attitude of the defendant, and the circumstances before and after the instant crime, etc., it is not recognized that the defendant did not have the ability to discern things or make decisions due to drinking, or that the defendant did not have the ability

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts of crime;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the special person who has been punished] [Pronouncement Decision] in order to establish national legal order and eradicate the light of the public authority, it is necessary to strictly punish crimes against public authority, such as obstruction of performance of official duties.

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