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(영문) 창원지방법원 2017.01.11 2016고단3887

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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. On September 14, 2016, around 01:45, the Defendant used the studio in the 1st floor of the studio-si Kimhae-si, the first floor of the studio-si.

“Around 112, the police officer C and the police officer D, who was urged to return home from the police officer of the Kim Sea, who was dispatched to the site upon receipt of the report, met the part of C’s left side bucks. On the drinking, the police officer assaulted the part of C’s left side bucks to drinking, and obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case.

2. On September 14, 2016, around 01:55, the Defendant: (a) contacted the Defendant’s mother F with the Defendant’s mother in order to have the Defendant correct, and (b) assaulted the police officer’s right shoulder part of the Defendant’s D with his hand, such as having her hand knife his hand, thereby obstructing the police officer’s legitimate execution of duties in relation to the prevention, suppression, investigation, etc. of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to photographs of the upper part of the victim C;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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 (including the fact that there is no previous one, the fact that it is contradictory, the fact that 50,000 won is deposited by the damaged police officer C for the purpose of committing the crime, the circumstances leading to the crime, etc.);