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(영문) 광주지방법원 해남지원 2014.05.21 2014고단67
특수공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2014, the Defendant: (a) received a report from the Defendant’s access to the Defendant’s house located in Jindo-gun, Jindo-gun, Jindo-gun, to the effect that “the Defendant’s wife D, who was a reporter at the vicinity of the said house, was carrying the Defendant’s wife D in the vicinity of the said house and arrived at the access road to the said house, was approaching the police officer, who was a police officer at the Jindo-gun police station, and accessed the said police officer, who was a slope E, slopeF, and patroler, who was a dangerous object located on the said access road ( approximately 20cm in length, approximately 40cm in width, and about 40cm in width) and accessed the above police officer.

피고인은 당시 위 경찰관 F로부터 “신고를 받고 출동한 경찰관이다, 손에 든 물건을 내려 놓으라”는 말을 들었음에도 벽돌을 들고 위 경찰관들에게 달려들며 벽돌로 위 경찰관을 향해 내리치려고 하였으나 경찰관 E, G이 피고인의 양팔을 붙잡아 벽돌을 빼앗자, 위 경찰관들에게 “이 씨발놈아, 느그들 뭐여, 경찰이면 다여 새끼야”라고 말하고, 계속해서 경찰관 E에게 “야, 이 새끼야”라고 말하며 우측 발로 경찰관 E의 우측 다리를 4회 걷어차고, 우측 발로 경찰관 E의 배를 1회 걷어 찼다.

Accordingly, the Defendant, carrying dangerous objects and assaulted E, F, and G, who is a police officer, interfered with the legitimate performance of official duties concerning the handling of reported cases by each police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, and F;

1. 112 Reporting case handling table; and

1. Photographs of the defendant and the victim;

1. Scenic photographs;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act of the suspended execution (including the fact that the defendant agreed with the victims smoothly, the fact that his mistake is divided in depth and reflected, and the first offender who has no record of criminal punishment).

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