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(영문) 창원지방법원 통영지원 2015.02.05 2014고단1101
공무집행방해등
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

1. On September 5, 2014, around 00:10 on September 5, 2014, the Defendant: (a) in front of the D District District of the Sado Police Station D, which was located in C, the Defendant: (b) while there were the background E in the said District E, policeman F, and taxi drivers G, the Defendant: (c) the victim H, a police officer belonging to the said District, who was a police officer, was a police officer of the said District, who was a police officer of the said District, was unable to do so; (d) the crub, the crub, the crub, the crub, and the crub, the crub; (d) the crub, the crub, the crub, the crub, and the crub, and the crub “A

Accordingly, the defendant openly insultingd the victim.

2. The Defendant, at the time, at the place specified in paragraph (1), and at the place specified in paragraph (1), carried 1’s flab, who was a police officer belonging to the G District District District of the G District Police Station out of Korea, and carried 1’s chests into three times, and pushed off the 1’s chest.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the prevention and suppression of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to H and I;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of insult and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. The crime of obstruction of the performance of official duties as indicated in the reasoning of the sentencing of Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Probation Act [the scope of recommendations] is the basic area (6 months to 1 year and 4 months) of the obstruction of official duties (the special person who has no special person] (the crime of insult of the obstruction of official duties). The crime of insult of the judgment that set the sentencing guidelines for no person who has no sentencing guidelines is a substantive concurrent relation.

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