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(영문) 창원지방법원 통영지원 2018.04.05 2018고단101
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 24, 2017, the Defendant: (a) under the influence of alcohol at C’s drinking house located in C on December 24, 2017, the Defendant: (b) had a dispute with D and C’s drinking value, the owner of his/her share in C’s drinking house; (c) the Defendant received a report from the victim F, the police officer belonging to C’s E group in the Jeju Police Station, who was dispatched upon receipt of 112, and received a request for the statement of the instant case from the victim F; and (d) the victim received a request for the statement of the case from the victim F, the police officer belonging to E group in the Jeju Police Station E group, who was dispatched upon receipt of 112. As such, even if he/she erred in responding to this f’

An opening, arresting, opening up an arrest, fine, or fine shall also be fine.

The police officer openly insultingd the victim by openly speaking as the president’s machine, case, and so called “a large sound”.

2. The Defendant obstructed the performance of official duties at the time, at the place specified in paragraph 1, and at the same time, and at the above location, assaulted F, a police officer belonging to the Saby Police Station E District, demanding F to take the bath only, and assaulted F, a hand, causing F, etc. to be faced with the wall.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Written statements of D;

1. On-site photographs;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, and the content of the abusive and assault committed by a defendant to a police officer in the course of performing official duties, the degree of infringement of legal interests thereby, the defendant's awareness of all the crimes and reflects against the defendant, the defendant may be punished by a fine, but there is no record of the same kind of crime, and other defendant's seal.

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