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(영문) 창원지방법원 2019.01.23 2018고단2877

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 29, 2018, the Defendant committed assaulting twice the victim’s face on board a taxi operated by the victim B(the age of 52) in the vicinity of the 298-1 YY, the Kimhae-si Kim Jong-si, the 23:20 on August 29, 2018, on the ground that the victim asks for destination again.

2. At around 00:40 on August 30, 2018, the Defendant: (a) obstructed the performance of official duties at the office of the D District Police Station D District Office in the Kimhae-si, Kimhae-si; (b) the security guards E in the said District D District Police Station expressed a bath in relation to the assault case as described in paragraph (1); and (c) prevented the Defendant from disturbing, and (d) assaulted the E’s chest by hand at twice.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning investigation of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement;

1. Article 260 (1) and Article 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Imprisonment with prison labor chosen;

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;

1. Persons who are specially sentenced to the sentencing guidelines of one year or more from June to June 1 from June 1 to four years from the basic area (one month to eight months): Imprisonment with prison labor for one year: Imprisonment with prison labor for a period of six months or suspension of execution of imprisonment for a period of two years, and for a period of forty hours or more: A confession, the amount of punishment for a damaged public official, the amount of punishment for a minor (one time of a fine for obstruction of performance of official duties), and the amount of punishment for a minor (two persons).