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(영문) 창원지방법원 2016.11.10 2016고단2920

공무집행방해등

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 became final and conclusive.

Reasons

Punishment of the crime

1. On May 27, 2016, the Defendant obstructed the police officer’s legitimate execution of duties concerning the prevention, control, investigation, etc. of a crime by assaulting the police officer, such as: (a) the police officer C, who belongs to the Changwon Police Station, takes traffic control over vehicles in violation of signal, and (b) the police officer C, who is in charge of the Changwon Police Station, fooms the body of the police officer, biffs the body of the said police officer by hand, and biffs the said police officer by hand, without any specific reason.

2. 모욕 피고인은 2016. 5. 27. 16:28경 위 1항 기재 장소에서 위 1항과 같이 범행하는 것을 피해자인 경찰관 D가 제지하자 화가 나 E 등 여러 사람들이 지켜보는 가운데 피해자에게 “이 새끼는 또 뭐고, 씹할 짭새 새끼가 누구한테 개기냐”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. E statements;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the criminal defendant, without any justifiable reason, does not constitute a crime because he/she interferes with the performance of public duties by carrying out time with the police officers in the course of carrying out traffic control duties, by using violence, and by taking other police officers who restrain the performance of public duties, and insulting him/her by taking a bath to do so: Provided, That the execution of the sentence shall be suspended in consideration of the fact that the criminal defendant

b)In full view of the Defendant’s age, character and conduct, home environment, motive and circumstances 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.