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(영문) 창원지방법원 마산지원 2018.10.24 2018고단857
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 August 8, 2018, the Defendant interfered with the performance of official duties, around 19:45, and around the first floor entrance of the C Hospital in the Changwon-si, Changwon-si, Seoul Special Metropolitan City.

“Around the 112 report of the content of the “E” was sent to the scene, the guards E and patrolmen of the Msan East Police Station D District District of the Msan East Police Station, and assaulted the above E by pushing the Defendant on the left shoulder part of the police, who was worn by the said E, on the ground that the Defendant attempted to return home to the hospital and the Defendant was prevented from attempting to enter the hospital.

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

2. In the time, at the place, as described in paragraph 1, there are 10 persons, including hospital employees and patients’ family members, the Defendant publicly insulting the victim E, who was dispatched to the scene due to such circumstances, saying, “The victim E, who was sent to the scene, including the victim’s family members, was sexually insulting.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written statement;

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

1. Articles 136(1) and 311 of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for the crime concerned;

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. Although the reason for sentencing under Article 62(1) (a) of the Criminal Act (a confession and the primary offense) is poor, the punishment as set forth in the Disposition is determined by taking into account the following factors: (b) the Defendant’s mistake is recognized and against himself; (c) the Defendant’s primary offense without any criminal history; and (d) the Defendant’s age, occupation, details and contents of the case.

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