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(영문) 의정부지방법원 2016.11.29 2016고합451
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to imprisonment with prison labor for the crime of obstruction of performance of special duties in Gyeyang Branch of the District Court on July 23, 2015, and on May 23, 2016, the Defendant completed the execution of the sentence.

1. Around 06:00 on August 18, 2016, the Defendant assaulted D, without any justifiable reason, when the Defendant was required to present his/her identification card to identify himself/herself, at the seat of the bus stops near the new bus stops located in the 664 Sinsan-si, Yongsan-gu, 112 reported in relation to the violence at the front of the new bus stops located in the 664, and called at the site by the head of the Gyeongsan Police Station C Zone C (36 years of age) belonging to the Gansan-gu, Gyeonggi Police Station C, which called to the site.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

2. 모욕 피고인은 제1항 기재 일시, 장소에서 거리를 지나가는 행인 등 다수가 있는 가운데 위 피해자 D에게 “야이 씹쌔끼야, 좆같은 놈”이라고 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement of each police statement made to D;

1. E statements;

1. A complaint;

1. A report on internal investigation:

1. Notification of a department related to reporting 112 cases;

1. On-site photographs and caps of CCTV images;

1. On-siteCCTV;

1. Before judgment: Judgment on criminal records, etc. inquiry report (A), criminal investigation report (former and previous records) and defense counsel's assertion

1. Summary of the assertion

A. The defendant does not memory each of the crimes of this case (the defendant is deemed to have committed each of the crimes of this case). B.

At the time of each of the crimes in this case, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

2. Determination

A. The following circumstances, which can be acknowledged by this court based on the evidence duly adopted and examined by this court as to the assertion that is a crime committed by a police officer, namely, ① the police officer and the victim D, from the investigative agency to the court.

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