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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단1250
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2018, the Defendant confirmed the personal information of the Defendant on the part of the Defendant, using his mobile phone, and informed the Defendant’s shouldered that the Defendant was under the influence of alcohol in front of the D store located in U.S. Dongdong-gu, U.S., U.S., Dong-gu, U.S., the police officer F of the police box affiliated with the U.S. police box affiliated with the U.S. police station E branch of U.S., G, who called out after receiving a report that the Defendant was under the influence of alcohol.

이 씹쌔끼야 ”라고 욕설을 하면서 주먹으로 F의 얼굴을 2회 때리고 양손으로 멱살을 잡아 흔들었다.

이어 피고 인은 위와 같은 이유로 위 경찰관들이 피고인을 현행 범인으로 체포하여 위 파출소에서 관리하는 순찰차량에 태우려고 하자 “ 이 씨 발 놈 아 죽여 버리겠다” 고 소리를 지르면서 순찰차량의 우측 뒤 문짝을 발로 수회 걷어찼으나 수리비가 들 정도로 손괴에 이르지는 않았다.

As a result, the Defendant interfered with the legitimate execution of duties by the police officers with regard to the dispatch of 112 reported and the protection of the principal, and attempted to damage things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the respective Acts and subordinate statutes of H and I

1. Relevant legal provisions of the Criminal Act and Articles 136(1) (the point of obstructing the performance of official duties), 143, and 141(1) (the point of attempted damage to goods for public use) of the Criminal Act concerning criminal facts, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In order to establish a legal order of the country with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and eradicate the light of public authority, it is necessary to have a strict degree of obstructing the performance of official duties.

In particular, the defendant was punished by a fine due to the same obstruction of performance of official duties in 2013, and in 2016, the police officers dispatched were required to take a bath and were punished by a fine due to insult.

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