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(영문) 창원지방법원 2016.03.31 2015고단3059

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 3, 2015, at around 04:30 on October 3, 2015, the Defendant came out of the Republic of Korea, saying that the Defendant could not enter the “C” singing room, which is located in Kimhae-si B, and that he could not enter children who were accompanied by his nameless employees.

Since then, the above employee's report was received from the slopeF belonging to the police station E District in the Kimhae-Jon Kim Jong-Jon, who called "D cafeteria" and called "Ig, the police," and the above F expressed that "Ig," "Ig, the police," and "F, if you go back to her, drinking and drinking."

”라고 말하자 “ 좃 까고, 시 발 새끼들아, 넌 새끼도 없냐고, 이 씨 발 놈 아 ”라고 욕설을 하고, 손가락으로 F의 조끼 하단을 들어 올리고 이마로 F의 가슴을 들이 받았다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person who has the basic area (from June to January 4) (i.e., interference with the performance of official duties and coercion of duties) (i.e., June to June) (i., a person subject to special sentencing] [Judgment of sentence] as the defendant was under the influence of alcohol on a new wall and obstructed the legitimate performance of official duties by exercising violence against a police officer who prevents him/her, thereby obstructing the execution of official duties, the crime is not easy: Provided, That the execution of the sentence shall be suspended in consideration of the degree of assault is not a serious letter, and the degree of assault is not a strong letter, and the depth of mistake

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of