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(영문) 창원지방법원 마산지원 2018.03.16 2018고단203

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On November 20, 2017, the Defendant interfered with the performance of official duties: (a) on the street of the Gyeongnam-gu, Changwon-si, Changwon-si, which was 35, in the upper end of the Haakdong-gu, the Defendant: (b) on the ground that the Defendant was urged by the Defendant to return home to the said C, for a passenger to return home a taxi expenses from the Gyeong-dong Police Station B and Police Officer, belonging to the Masan-dong Police Station, who was called by the customer after receiving a 112 report that the passenger would not pay the taxi expenses; and (c) on the ground that he was urged by the said C to return home a taxi expenses from the Haak-gu, Masan-dong Police Station, who was called, “Ying Chewing la, Nar Ha L Lar Lar, Ha L Lar, Hak-ho, Han Ha

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

2. In a case where the Defendant, at the same time and at the same place as paragraph (1), took a bath twice to the victim and was subject to a check from the above horse B, the Defendant saw the victim as a perpetrator, etc., “the Defendant saw the victim to take the bath within the victim.”

If you want to do so, you will drink.

C. The victim publicly insultingd the victim at a large interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. B written statements;

1. Complaints and photographs (to judge that the defendant was not in a mental or physical loss or mental and physical weakness under the influence of alcohol at the time of committing the instant crime);

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor;

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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

Unfavorable circumstances: The crime is a matter of insulting and brucing the police officers who perform legitimate official duties, and is a matter of using violence.