beta
(영문) 창원지방법원 2014.10.22 2014고단1399

공무집행방해등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:50 on May 31, 2014, the Defendant, at the Jinhae Police Station D police station located in Jinhae-si, Jinhae-si, which completed an investigation of the Defendant’s daily activities, insultingly insulting the victim of the said police box, by openly insulting the victim, among G et al., on the grounds that the victim of the said police box, who was the victim of the said police box, demanded the Defendant to have the Defendant locked who was diving by taking the scambling to the scam of the police box, etc.

2. When the above F requires the Defendant to return home at the same time and place as that set forth in the preceding paragraph, the Defendant assaulted the police officer’s legitimate performance of duties concerning the police officer’s security duties, such as having the face of the F one time under the elbbow.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act (including the fact that the degree of violence seems not to be too serious);

1. Social service order under Article 62-2 of the Criminal Act;