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(영문) 광주지방법원 2015.04.30 2015고정164
공무집행방해
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. 피고인은 2014. 9. 29. 00:30경 전남 나주시 C에 있는 D주점 앞 노상에서, 위 D주점 내에서 발생한 폭행 사건 112신고(사건번호 1551)를 받고 출동한 나주경찰서 E파출소 소속 경위 F이 피고인에게 인적사항을 물어보자 불만을 품고 “이름이 왜 필요한데 새꺄”라고 욕설을 하면서 손으로 경위 F의 가슴 부위를 밀치고, 멱살을 잡고, 복부로 밀치는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on handling 112 reported cases.

2. On September 29, 2014, at around 00:35, the Defendant: (a) within the Naju Police Station located in G on September 29, 2014; (b) on the charge of the arrest of a flagrant offender on the grounds of the foregoing paragraph 1(1), the Defendant demanded the police officer in charge of the E police box to write down her hand son and her lock.

The Defendant: (a) the head of the patrol team, along with the police officer of the patrol team, took the Defendant’s hand knife with the Defendant’s hand knife; and (b) took the Defendant’s hand knife with the Defendant’s hand knife while keeping the Defendant’s hand knife; and (c) assaulted the Defendant’s face h’s hand knife by taking the Defendant’s hand knife with the Defendant’s hand knife.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Application of investigation reports (Attachment of field photographs) and investigation reports (Attachment of compilations, such as CCTV images, etc. for suspect A)-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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