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(영문) 창원지방법원 마산지원 2018.09.05 2018고단105
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 23, 2017, the Defendant assaulted the victim’s face at the sports marina business establishment operated by the victim D in Changwon-si, Changwon-si, Changwon-si, Masan-si, without any reason, under the influence of alcohol, such as “Ye-si Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu Ma-gu, the victim’s head was taken once by mash, the victim’s head was shicked, and the victim’s face was pusheded once by drinking.

2. On November 23, 2017, the Defendant interfered with the performance of official duties at the above place, around 07:20 on November 23, 2017, after receiving a report from 112 on the fact that the person who took the alcohol was suffering from disturbance, and was called to the Defendant, and the Defendant was informed of the circumstances of the instant case against the Defendant F of the Gansan-dong Police Station Ebridge, the Yongsan-dong Police Station Ebol, which

짭새 새끼야 ”라고 욕설을 하며 주먹으로 위 F의 오른쪽 팔 부위를 1회 때리고, 머리로 위 F의 얼굴을 들이받는 등 폭행하였다.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. The victim's photograph (it is judged that the defendant was not in a mental or physical loss or mental weakness due to alcohol at the time of committing the crime in this case);

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor;

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 provides that the defendant has the same record as the reasons for sentencing (a confession and reflect) of the suspended sentence.

However, the punishment shall be determined as per the order in consideration of the fact that one's mistake is recognized and reflected, the degree of violence and the circumstances of the case, etc.

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