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(영문) 창원지방법원 마산지원 2014.10.22 2014고단825
공무집행방해
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

On September 4, 2014, at around 23:10, the Defendant was asked to inform G of the mobile phone numbers of the circumstances where the Defendant was called out, after receiving the D’s report that he was able to engage in a mixed-child drinking in the middle of the Sinsan-dong Police Station Eabs, which was called out by the Defendant, for the reason that he was able to do so.

그럼에도 피고인은 아무런 이유 없이 “이 씹새끼야, 니는 뭐꼬”라고 욕설을 하고, 손바닥으로 경위 G의 얼굴을 밀치고 주먹으로 가슴 부분을 1회 때리는 등 폭행하여 경찰관의 범죄의 예방, 진압 및 수사에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 136 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and community service order: The reason for the sentencing of Article 62-2 of the Criminal Act [Scope of Recommendation] that there is no basic area (six to one year and four months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence] 8 months, suspension of execution 2 years, probation, community service, 120 hours (see, e.g., the fact that there is a winter power, the degree of the obstruction of performance of official duties, and reflects the degree of the violation of official duties);

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