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(영문) 전주지방법원 정읍지원 2019.02.14 2018고단564
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

피고인은 2018. 6. 7. 00:10경 정읍시 B에 있는 C병원 앞길에서 D로부터 신고를 받고 출동한 정읍경찰서 E지구대 소속 경찰관 경위 F으로부터 현행범으로 체포되어 경찰차 뒷좌석에 탑승하여 위 E지구대로 연행되던 중, 같은 날 00:25경 피고인의 옆에 앉아 있던 위 경찰관 경위 F에게 “이 짭새 새끼들아. 이 씨벌놈들아”라고 욕설을 하면서 왼손으로 경위 F의 목 부위를 밀치고, 손톱으로 오른손 중지와 약지 손가락을 긁어 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of F and G;

1. The image photograph of the damaged police officer;

1. Report on internal investigation (related to disturbance within the earth's boundary after arresting the suspect A);

1. Investigation report (to attach patrol vehicles, black boxes, video CDs);

1. Application of ctv image Cd legislation

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, the content and degree of assault against a police officer, and it is not good to commit a crime and commit a crime.

The Defendant, under the influence of alcohol, committed the instant crime while arrested by a police officer, who was dispatched to the D while committing an act of assaulting him, and committed the instant crime. Even after he was arrested on the police station boundary, there is no good condition before and after the commission of the crime, such as taking a bath to a police officer, etc.

In order to prevent a crime which interferes with legitimate execution of public authority under the influence of alcohol or which assaults or takes a bath to commit a crime, it is inevitable to severely punish such a crime.

However, the defendant reflects the crime of this case and leads to life in good faith in the future.

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