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(영문) 창원지방법원 마산지원 2015.06.03 2015고단288

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On February 16, 2015, the Defendant assaulted D’s right side side side of D, due to a defect that D puts drinking to B before the Busan Mine Police Station C District, which was called up upon the Defendant’s notification that the Defendant would put in fighting with the company partner B, around the 280 Haak-ro, the Seoul Mining Station C District of Gwangju Mine Police Station, and that D puts drinking to B, and that D used the Defendant’s right side side side of D, on one occasion due to a defect that D puts “if the police officer runs away”.

As above, the Defendant interfered with legitimate execution of duties concerning police officers’ handling of reports and suppression of crime prevention.

2. 경범죄처벌법위반 피고인은 2015. 2. 17. 00:05경 광주 광산구 E에 있는 광주광산경찰서 C지구대에서, 제1항과 같은 혐의로 임의동행하여 온 후 술에 취한 상태로 “짭새 새끼야. 개새끼야. 씹할새끼야. 대한민국 경찰 씹새끼야.”라고 욕설과 폭언을 하는 등 약 30분 동안 관공서에서 몹시 거친 말로 주정하고 시끄럽게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement about D and B prepared by the police;

1. Application of Acts and subordinate statutes to report on investigation (to listen to a victim's D phone statement);

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of column of cancellation at the government office and choice of fine);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do111, Jan. 1, 2011>

1. Social service order under Article 62-2 of the Criminal Act;