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(영문) 창원지방법원 2017.08.30 2017고단2292

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 09:10 on June 18, 2017, the Defendant: (a) at the D Hospital located in the Gu, Changwon-si, Changwon-si; (b) the victim E (41) who is the chief leader of the above hospital in question, proposed that the Defendant would take care of the shock in the show in the above hospital; (c) the Defendant expressed the victim’s desire to take care of the shock in the state in which the Defendant was placed; (d) he saw the victim “I am drinking, I am, and I am am.” (e.g., I am., I am a drinking; (d) the victim’s title was fluen that the victim sawd the Defendant; and (d) assaulted the victim at one time on the left side of the hospital.

2. 공무집행 방해 피고인은 제 1 항 기재 일시, 장소에서, 제 1 항 기재와 같이 피고인이 행패를 부린다는 신고를 받고 출동한 진해 경찰서 F 파출서 소속 순경 G 등 경찰관들에게 큰 소리로 “ 나랑 한판 붙자, 이 씹새끼야 ”라고 욕설을 하면서 계속하여 주먹과 발을 휘두르고, 이에 위 G이 피고인을 제지하자 화가 나 위 G의 얼굴에 1회 침을 뱉고, 발로 오른쪽 종아리를 1회 찼다.

Accordingly, the defendant interfered with the performance of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 260 (1) and 136 (1) of the Criminal Act concerning the selection of punishment, and imprisonment with prison labor;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The former sentence of imprisonment with prison labor for a maximum of one year and six months: Imprisonment with prison labor for a short of one year and one year: the suspension of execution of four months and two years, 40 hours, 80 hours for community service: Grounds for mitigation, such as minor violent events, recovery of damage, etc.: Confession, juvenile crimes, lack of criminal punishment, etc.;