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(영문) 창원지방법원 마산지원 2015.01.06 2014고단1115

공무집행방해

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 November 1, 2014, at around 01:35, the Defendant: (a) under the influence of alcohol in front of the Haban Police Station in the Haban-gun, Haban-gun, Haban-gun, Haban-ro, 85, and (b) stated that Haban C and Habman D, who was called for after receiving a report, voluntarily returned to the Defendant on several occasions.

그럼에도 피고인은 아무런 이유없이 위 C, D에게 “짜바리 새끼, 조심해라, 배 따 삔다, 나는 오늘 공집방으로 들어간다, 너는 좀 맞아라”라고 욕설을 하고, 2회에 걸쳐 위 D의 얼굴을 향해 주먹을 휘둘러 위 D에게 폭행을 가하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the penance and the fact that there is no past record of the same crime);