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(영문) 창원지방법원 2014.11.26 2014고단2435

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 of the final judgment.

Reasons

Punishment of the crime

On September 2, 2014, the Defendant: (a) around 01:50 on September 2, 2014, the Defendant was driving a D private taxi operated by Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Changwon-si, the main office of the Defendant, and (b) sought to withdraw cash by getting smartphones from the “G convenience store” located in “F,” with knowledge of the absence of a taxi.

However, the Defendant did not withdraw cash, and the above C reported to the police, and on the same day, the police officer of the Changwon Police Station, who was reported at around 02:0 on the same day, and the assistant assistant J sent to the scene.

1. The Defendant expressed at the above date, time, and place of the obstruction of performance of official duties that the police officer I would pay a taxi fee and return home, and expressed that I would be able to find money for the illness.

이에 위 경찰관들은 피고인을 공무집행방해죄의 현행범으로 체포하여 순찰차 뒷좌석에 태워 출발하려 하자, 피고인은 운전석에 있던 경사 J에게 욕설을 하면서 발로 그의 오른쪽 어깨를 1회 걷어찼다.

As a result, the suspect interfered with the legitimate execution of duties by the police officers on the dispatch of 112 reported police officers and criminal investigation.

2. At around 02:15, Sept. 2, 2014, the Defendant, at the office of “H police box” located in the same Gu K on September 2, 2014, deemed that the victim I, the police officer, was investigating the said C, and that there are several police officers, said I provided the said I with a bath that “I would be out of the body of head, flas, and flasium, flas, and flasium.”

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of each police protocol to I and C

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act and the choice of punishment for the crime; Articles 136(1) of the Criminal Act and the choice of punishment for each crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.