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(영문) 창원지방법원 거창지원 2015.12.16 2015고단254
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:20 on July 3, 2015, the Defendant insultd the victim openly by stating that “The victim is a bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of C

2. When the Defendant was informed of the police officer F of the police box belonging to the G and the police officer of the Gyeyang Police Station E (a police box) who called out after receiving a report of 112 at the time and place specified in paragraph (1), the Defendant expressed the police officer “I would like to die. I would like to die. I would like to die. I would like to die.” The Defendant expressed the police officer at a large interest, and assaulted the F’s body at one time by keeping the body of the said F and drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of the police officer F's 112 report and the security service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A statement in F and G;

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

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 [the aggregate of the long-term punishments of the above two crimes]

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Each of the crimes of this case committed by the defendant in the judgment of sentence is to insult the victim C in front of many people, and to assault the police officer dispatched after receiving a report.

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