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(영문) 광주지방법원 순천지원 2018.05.30 2018고단550
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. 피고인은 2018. 2. 28. 00:58 경 전 남 고흥군 C에 있는 ‘D 식당’ 앞 노상에서, 순찰 중이 던 고흥 경찰서 E 파출소 소속 경위 F이 노상에 주차된 차량 앞에 쓰러져 있는 피고인을 발견하고 귀가시키기 위해 흔들어 깨우자 “ 야 이 새끼야 이 좆만한 새끼야 ”라고 욕을 하고, 혼자 비틀거리며 걸어가는 것을 보고 부축하려 하자 갑자기 “ 이런 짭새 새끼, 좆만한 새끼 ”라고 욕을 하면서 손바닥으로 위 F의 왼쪽 뺨을 1회 때렸다.

Accordingly, the defendant interfered with the police officer's patrol and the legitimate execution of duties concerning the protection of the police officer.

2. The Defendant, within the police station and the detention room in the same day, was arrested as an flagrant offender under suspicion of interference with the performance of official duties as seen above, to the slope G belonging to the Goungung police station in order to verify whether he/she is in danger of body or in possession during the process of taking the procedure for leaving the detention room on suspicion of interference with the performance of official duties as mentioned above, “such weather, collapse must be changed, and we have been suffering from why we have ever.”

“At the end of the said G at one time with the left side of the said G having been at the time.”

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer's detention room.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. Investigation report (related to the situation at the time of violence against the victim and arrest of the victim in the act of crime);

1. Investigation report (to have a witness H telephone conversations);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The following circumstances and the reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Social Service Order Act, and Article 59(1) of the Act on the Observation, etc. of Protection, etc., of the Criminal Act, and the degree of assault against police officers.

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