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(영문) 창원지방법원 통영지원 2017.02.15 2017고단5
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On December 17, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and four months at the Changwon District Court for a crime of violation of the Punishment of Violences, etc. Act, and completed the execution of the sentence on October 22, 2016.

[Criminal facts]

1. On December 27, 2016, the Defendant: (a) around 07:18, the victim D (43 tax) who is an agent driving engineer driving the Defendant’s vehicle in a combined officetel parking lot in Tong-si, Tong-si; (b) changed the cost of this proxy driving; and (c) took a bath, such as “I ambling, I ambling, I ambling, I ambling, and I ambling,” and assault the victim by taking part in the victim’s breast part at his head.

2. 공무집행 방해 피고인은 제 1 항 기재와 같이 대리 운전 기사인 D과 실랑이를 하던 중 112 신고를 받고 출동한 통영 경찰서 E 지구대 소속 순경 F가 피고인에게 대리 운전 비용을 지불하고 집으로 귀가 하라고 권유하자, 위 F를 향해 ‘ 씨 발, 기다려 라 짭새 새끼, 징역 한번 더 가면 된다, 나와서 두고 보자’ 등의 욕설을 하며 손으로 그의 멱살을 잡아 흔들고, 주먹을 쥐고 그의 얼굴을 때릴 듯이 위협하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. 112 Reporting case handling table, each photographic data;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (verification of records of criminal suspect repeated crime and confirmation of the date of release from prison);

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 for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The elements for sentencing unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes: The instant crime was committed by the Defendant upon receiving a report of 112 after the Defendant assaulted the victim during the period of repeated crimes.

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