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(영문) 창원지방법원 2020.04.03 2019고단4089
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 19, 2019, at around 00:10 on October 19, 2019, the Defendant reported to the effect that “C” located on the first floor of Sungwon-si, Sungwon-si, Sungwon-gu, Sungwon-si, and reported to the effect that “nicking Doing Doing Doing Doing Doing Doing Doing Doing Doing” was carried out by the Defendant, who was solicited to return home from the assistant E belonging to the Changwon-gu Police Station, and who was discharged from the police officer,

이에 위 경찰관 F이 피고인의 추가 자해를 막기 위해 주변에 있던 맥주병을 치우자, 피고인은 위 F의 발목을 오른발로 1회 걷어차고, 자해로 눈썹 부위에 출혈이 발생한 피고인을 병원으로 후송하기 위해 피고인과 함께 계단을 오르던 위 경찰관 E의 발목을 오른발로 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers who handle 112 reporting affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. Application of the photographic Acts and subordinate statutes;

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

1. It is not good that a crime is committed by exercising force against a police officer in the course of performing official duties for the reason of sentencing under Article 62(1) of the Criminal Act, and self-harm.

Provided, That the defendant has no record of punishment except that he/she has been sentenced to a fine once due to drinking driving for about 19 years.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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