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(영문) 창원지방법원 2016.06.22 2016고단864
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

피고인은 2016. 3. 15. 01:45 경 창원시 성산구 B 4 층에 있는 ‘C’ 주점 앞 엘리베이터에서, 술값을 계산하지 않고 소란을 피운다는 신고를 받고 출동한 창원 중부 경찰서 D 지구대 소속 경장 E과 순경 F이 엘리베이터를 타고 내려가려는 피고인을 제지하면서 사건 경위를 묻자 엘리베이터 문이 닫히지 못하게 한다는 이유로 “ 씨 발 놈들 아 그냥 가라. 죽여 삔다.

“In doing a bath theory, F was assaulted, such as plucking, plucking, plucking, plucking, etc., by cutting down the f’s chest, cutting down the f’s chest and cutting down the blaps.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to prevention, suppression, and investigation of F crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of imprisonment with prison labor for the crime concerned;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] There is no person [the person subject to special sentencing] in the basic area (from June to April 1) (the person subject to special sentencing] [the decision subject to sentencing] [the defendant's act of assaulting a police officer] should be punished strictly. However, the defendant's age, sexual behavior, environment, motive and circumstance leading to the instant crime, means and consequence of the instant crime, circumstances after the instant crime, etc. shall be determined by taking into account various factors of sentencing indicated in the records, such as the following: the defendant's age, sexual behavior, and environment, and the fact that there is no other criminal records in addition to the one suspended sentence and the one-time fine.

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