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(영문) 창원지방법원 마산지원 2016.11.22 2016고단518

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

『2016고단518』 피고인은 2016. 2. 26. 09:10경 창원시 마산합포구 C 앞길에서 술에 취해 길에서 자고 있는 사람이 있다는 내용의 112신고를 받고 출동한 경남마산중부경찰서 D지구대 소속 경찰관인 경위 E, 순경 F으로부터 귀가할 것을 권유받자 “씹할 너거들이 무슨 상관이고, 내가 어디로 가든지 상관마라 개자슥아”라고 욕설을 하면서 손으로 위 E의 오른쪽 목을 밀치고, 손톱으로 오른쪽 귀 아래 목 부분을 긁는 등 폭행하였다.

As a result, the Defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers and the maintenance of order.

On August 20, 2016, the Defendant: (a) around 11:15, 2016, on the ground that fakes were in front of the H in Mhappo-gu G in Changwon-si, Changwon-si; (b) caused a enormous scisf, which is a dangerous object on the street; and (c) led the victim I, who was parked at that place, to the right back door of the Jindo-gu car owned by the victim, even if even the door of the said car, thereby damaging the car owned by the victim to the extent of KRW 200,00 for repair cost.

Summary of Evidence

"2016 Highest 518"

1. Court statement of the defendant (the second trial date);

1. Each police statement of the E, K, and F;

1. A detailed statement of 112 reported cases processing "2016 high-class 973";

1. Defendant's legal statement;

1. Each police statement concerning I and L;

1. Application of each statute on photographs;

1. Relevant Article 136(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of punishment for the crime (the point of obstructing performance of official duties), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are as follows: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions are comprehensively taken into account.