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(영문) 창원지방법원 2016.04.28 2016고단728

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 21, 2016, the Defendant interfered with the performance of official duties, on the street in front of D, located at the window C of Changwon-si, Changwon-si, who was reported by the Defendant to the F urban bus in the atmosphere of the signal by driving a 112 vehicle from E, and was asked questions about the circumstances of the accident from H in the Changwon-gu, Police Station G District in the Changwon-gu, who was called out after receiving a report by the Defendant, assaulted the above H’s chest once, etc. by continuing to be pushed back, and assaulted by the Defendant once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

2. The Defendant’s insultd the fire officers, towing vehicle articles, the above accident bus articles, and the passing bus articles as stated in the above paragraph 1 of the victim in the time and time stated in the above paragraph 1 of the victim’s H (46 years old) as stated in the above paragraph 1 of the victim’s h (46 years old), who were at the scene of the accident processing at the time and place;

그러니까 대한민국 경찰이 썩은 거지, 돌아이 같은 새끼들 아, 니 이름이 뭐꼬, 서장은 내 말을 잘 알아들을 낀대,

The victim openly insultingd the victim by openly obscising a large interest in the baltha, Sal h.h.).

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to H and J;

1. A report on investigation (on-site mobilization conditions);

1. Application of Acts and subordinate statutes to the chief of a complaint and photographs of victimized police officers;

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

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. Reasons for sentencing under Article 62-2(1) and the proviso of Article 62-2(2) of the Social Service Order Act, Article 59 of the Act on the Observation, etc. of Protection [the scope of recommended punishment] The basic area (limited to the lower limit of the recommended punishment is concurrent crimes with the offense of insult for which six months to one year, and sentencing guidelines have not been set) (the lower limit of the recommended punishment is applicable because it is concurrent crimes with the offense of insult for which six months to four months, and sentencing guidelines have not been set] [the decision of sentence] of the instant case.