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(영문) 광주지방법원 목포지원 2015.09.07 2015고단541
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

1. On April 21, 2015, the Defendant: (a) stated that the victim was required to calculate his/her original value at the package run by the victim C (at 56 years of age) in a wooden city B on April 21, 2015; (b) he/she expressed the victim’s desire to “nicking years of age, a few rates of interest, or a certain amount of interest.” (c) the victim was able to have his/her face; and (d) the victim was frighting the victim by gathering the ratss on the bring table.

The Defendant continued to dump the victim’s face to take money from the victim’s face, and took the victim’s face to “I Chewing, brought about, and do this year,” and assaulted the victim by both hand, such as taking the victim’s face on several occasions.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 112신고를 받고 출동한 목포경찰서 D지구대 소속 순경 E이 피고인을 폭행죄의 현행범인으로 체포하자 순경 E에게 “야 개새끼야, 씹할 새끼야, 내가 가만두나 봐, 내가 널 죽여버리겠다.”라고 욕설을 하면서 양손으로 순경 E의 멱살과 어깨를 잡아 수차례 흔들고, 계속하여 호송을 위해 피고인을 순찰차에 태우는 순경 E을 향해 수차례 발길질을 하여 순경 E의 턱부위를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation;

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