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(영문) 수원지방법원 안양지원 2016.11.03 2016고단1351
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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 August 23, 2016, the Defendant was under the influence of alcohol in the 9th floor of B building in Ansan-si, around 23:00 on August 11, 2016, and received a report from 112, to the effect that “the South Korean is under the influence of alcohol,” and recommended a police officer D and E to return home due to the Defendant’s shoulder during the period of his/her dispatch, the Defendant was under the direction of the police officer.

피고인이 위 경찰관들의 부축을 받으며 엘리베이터를 향해 걸어가던 중, 위 경찰관들이 피고인에게 가방을 가지고 가라고 하자, 피고인은 “씹할 놈들아! 뭐야, 건들지 마.”하고 욕설을 하며 순경 D의 가슴을 양손으로 밀친 후, 주먹으로 순경 D의 왼쪽 가슴 부위를 1회 때리고, 이를 제지하던 순경 E의 가슴 부위를 손으로 1회 치고, 순경 E의 배 부위를 발로 2회 찼다.

As a result, the Defendant interfered with the legitimate execution of duties of patrol officers D and E on the handling of 112 reported cases, and at the same time imposed on patrol officers D about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A report on investigation;

1. Statement of opinion;

1. Application of Acts and subordinate statutes on the standing photographs and CCTV closure screen pictures;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257 (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;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered in full consideration.

D. Unfavorable circumstances: Each of the crimes of this case committed by the Defendant without any justifiable reason by assaulting police officers in the course of performing official duties and causing injury to police officers among them, and the nature of the crime is good.

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