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(영문) 의정부지방법원 고양지원 2014.10.31 2014고단1754
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor 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.

Reasons

Punishment of the crime

피고인은 2014. 7. 28. 03:00경 고양시 덕양구 C에 있는 D 앞 노상에서 승차거부를 이유로 택시기사와 시비를 하던 중, 주취자 신고를 받고 현장에 출동한 E지구대 소속 순경 F로부터 당시 상황에 대한 진술을 요구받자 위 F에게 “니가 뭔데 이 씹팔놈아, 짭새 새끼야. 야이 새끼야, 좆같은 새끼야.”라고 욕설을 하면서 주먹으로 위 F의 왼쪽 눈 부분을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. Application of the Acts and subordinate statutes governing the G production;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture: The fact that the defendant received a letter from the police officer, who is the other party to the assault, was assaulted by the police officer in favor of the defendant or the defendant, and that there was a serious disturbance in the police vehicle and the district, and that there was a past record of being punished three times for violent crimes, including those who had been punished for the crime of obstruction of the performance of official duties, obstruction of the performance of official duties, Category 1 (Obstruction of Performance of Duties/Performance of Duties), basic area, imprisonment between six months and one year and four months, is disadvantageous to the defendant.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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