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(영문) 창원지방법원 2016.10.20 2016고단2802

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant, while drinking around 02:35 on August 18, 2016, was under influence of alcohol, was 114 in the fluence-dong-ro in Kimhae-si and 114 in the fluence-based village7 complex in front of the vice-gu apartment.

The police officer B, who was a police officer belonging to the O district of the Kim Jong-dong Police Station, during the patrol, found the defendant, and the defendant was able to get off and return back to his country because of the danger of traffic accident, and the defendant was able to contact him with him.

Accordingly, while the Defendant was under the name of D et al., the Defendant significantly sounded the above police officers as “this spaws, why is, and why is, the police spaws.”

Accordingly, the defendant openly insulting the police officers.

2. On August 18, 2016, at around 02:50, the Defendant was arrested as a flagrant offender by the act described in paragraph (1) at the place described in paragraph (1), and went to the back seat of the patrol vehicle. On the same day, around 02:55 on the same day, the Defendant expressed the police officer’s desire to read “this fluort,” and sent the back window on the right side of the patrol vehicle several occasions.

As such, the police officer B, who was a police officer belonging to the O district of the O district of the Police Station, was accompanied by the patrol vehicle, left the body of the defendant, and the defendant was flicked one time on the left part of the above security guards B.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties such as patrol and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The written statements in C and B;

1. The criminal place;

1. A complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of 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. The Criminal Act, the suspension of execution;