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(영문) 창원지방법원 통영지원 2016.02.17 2015고단1138

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

피고인은 2015. 10. 25. 22:10 경 밀양시 B에 있는 C 주점 앞 노상에서, 112 신고를 받고 현장에 출동한 밀양 경찰서 D 파출소 소속 경위인 피해자 E(55 세) 가 피고 인의 일행과 함께 피고인을 깨워 부축하여 이동하던 중, 피해자에게 ‘ 짭새 새끼들. 짭새 새끼가 뭐 하러 왔노 ’라고 욕설을 하고 이에 피해 자로부터 ‘ 도와 주러 왔는데 말이 그게 뭡 니 까’ 라는 말을 들었다는 이유로 손으로 피해자의 입술 부위를 1회 때렸다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers in relation to the 112 Report Processing Affairs, and at the same time, the Defendant inflicted an injury on the victim, such as the three- weeks of identification and the open room of the mouth part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A written request for medical treatment;

1. Application of Acts and subordinate statutes on standing photographs;

1. Article 136 (1) and Article 257 (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 (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of the recommended punishment] and the scope of the mitigated punishment range (the period from February to one year) [the scope of the recommended punishment] and the scope of the mitigated punishment [the scope of the recommended punishment] and the mitigated area (one month to eight months) [the person who is not subject to special mitigation] and the above two crimes are related to ordinary concurrent crimes;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: Crimes of this case involving obstruction of performance of official duties and injury to police officers assigned to uniform police officers;

(k) favorable circumstances: The fact that the victim has agreed with, the fact that it appears to be an contingent crime in the state of drinking, the fact that there is no previous conviction from a fine once a drinking driver, and reflects it;

- The age, sex, environment, and post-crime of the defendant.