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(영문) 창원지방법원 마산지원 2018.05.29 2017고단1222
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

1. On July 1, 2017, at around 13:00, the Defendant interfered with the discharge of official duties by his/her family members, etc. in front of the 12-Masan-si Masan-si square, in order to visit C to a hospital, a alcohol addict, at around the 12-Masan-si Masan-si Scenic, while the Defendant was obstructed, he/she prevents the Defendant from carrying the Defendant on the ground floor while keeping the police box affiliated with the Masan-dong Police Station D police box dispatched to the site after receiving a 112 report, and restrains the Defendant.

On the ground that he or she spits spite, he or she assaulted the above E in a manner that makes it possible to ask him or her on the face of the above E, thereby hindering the police officer from performing his or her legitimate duties on the disposal of reports.

2. The Defendant, at the same time and place as set forth in paragraph (1) of this Article, expressed a large voice to the victims, such as the victim E, and the victim F, who was dispatched to the scene for the foregoing reason, controlled the Defendant, and the victim F, who was affiliated with the Masan Police Station D police box of the Masan Eastern Police Station, and expressed a large voice to the victims, such as “I am, I am, I am, I am son, I am son, I am son, I am son.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

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

1. Application of F and E Acts and subordinate statutes to the accusation house;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense, respectively;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment against which the crimes of insult are more severe between the crimes of insult and the crimes of insult against E);

1. Selection of penalty: Imprisonment with prison labor;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed by the crime of interference with the execution of heavier public duties);

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., are as follows.

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