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(영문) 창원지방법원 진주지원 2016.12.13 2016고단994

공무집행방해

Text

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

except 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

1. On September 25, 2016, around 21:20 on September 25, 2016, the Defendant refused to answer to the Defendant by the police box affiliated with the police box in the Dong-dong Police Station, which was dispatched after receiving a report from the Defendant at the house located in the Hadong-gun, Hadong-gun, Dong-dong-gun, by the Defendant, on 112 of the former female living together with the Defendant, who was assaulted by the Defendant, and was called up, and took a bath to the Defendant, and the Defendant was called up to the Defendant, and the Defendant was called up to the Defendant once as a drinking part of G’s hand during the process of taking the scene at the scene.

Accordingly, the defendant assaulted police officers who perform legitimate duties on the maintenance of public order.

2. At around 21:50 on the same day, the Defendant: (a) discovered the fact that the above G was drunkly driven by the said reporter at the above place; (b) prepared a statement of the circumstance of drunk driving to that female; (c) took a bath to G; and (d) when the assistant assistant 1 belonging to the Gyeongnam Police Station, who called the F and the Hanam Police Station, sent together with the above F, prevented the Defendant, the Defendant could check the chest part of F’s chest and pushed down the I’s breast part.

Accordingly, the defendant assaulted police officers who perform legitimate duties in criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J, F, G, I, and K;

1. Application of the photographic Acts and subordinate statutes to e-station service site and cellular phone image extracted;

1. Article 136 (1) of the Criminal Act and Article 136 of the Criminal Act concerning 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 (Article 62(1) of the suspended sentence (Article 62(1) of the Criminal Act, including the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and result of the crime, various circumstances, including the circumstances after the crime, etc., in which it is difficult to see that the crime of this case was caused by the Defendant’s habitual violence