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(영문) 창원지방법원 2013.10.29 2013고단1466
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2013. 6. 8. 22:40경 김해시 B에 있는 피고인의 주거지 내에서 가정폭력 신고를 받고 출동한 김해중부경찰서 C파출소 소속 경사 D이 가정폭력의 제지 및 사건 조사를 위하여 피고인과 그의 처를 분리하여 조사하려 하자, D에게 “야이 개새끼야, 니는 뭐꼬 씹할놈아, “야이 개새끼야, 내가 누군지 아나, 너거 쯤은 나한테 죽는다, 내가 인터넷에 올리고 아는 사람한테 말해 가만히 두지 않을 것이다,

By doing so, he expressed his bath as "I ambling," he obstructed the legitimate execution of duties by a police officer who used to handle the 112 reported cases by assaulting D's flaps with his left hand, such as scam for about seven minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The execution of imprisonment shall be postponed only once by taking into consideration favorable circumstances, such as the following: (a) assaulting a police officer dispatched by the defendant on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order; (b) the fact that the defendant committed the instant crime without being aware of the past two times having been punished due to obstruction of performance of official duties in spite of the past two years; (c) reflects the defendant’s disadvantage; (d) recognition of his mistake; (d) the degree of assault against the police officer is not excessive; (e) the police officer’s desire to take the wife; (e) the police officer’s desire to support the police officer; and (e) there are family members to support.

In addition, probation and community service order are added in order to encourage the defendant's self-esteem and good faith.

It is so decided as per Disposition for the above reasons.

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