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(영문) 창원지방법원 2014.12.16 2014고단2395

공무집행방해

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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 2014. 9. 3. 23:30경 창원시 성산구 C상가 6층에서 처를 때린다는 신고를 받고 출동한 창원중부경찰서 D지구대 소속 경찰관 경사 E 등이 있는 가운데 갑자기 처 F에게 다시 달려들다가 E으로부터 제지당하자 “씨발놈들아 잡아가라, 죽여버릴라 개새끼들, 씨발새끼야 욕 들었으면 잡아가라, 잡아 가, 개새끼야, 확 죽여버릴라 좆만한게, 니는 내가 똑바로 봐 놨다, 나중에 한 번 두고 보자”라는 등 욕설하며 왼손으로 E의 목을 1회, 양 주먹으로 가슴을 각 1회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

2. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The reason for the sentencing of Article 62(1) of the Criminal Act [the grounds for sentencing] is that there is a need for strict punishment for the crime of obstruction of performance of official duties in light of the fact that there is a need for strict punishment for the crime of obstruction of official duties in order to establish the legal order of the State and eradicate the situation of the public authority.

However, considering favorable circumstances, such as the fact that the defendant has mistakenly recognized and reflected the defendant's mistake, the fact that the defendant has no criminal record exceeding the fine for the past about 12 years, and considering the circumstances leading to the occurrence of the crime in this case, the character, conduct and environment of the defendant, etc., the punishment shall be determined as per the order.