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(영문) 창원지방법원 통영지원 2018.11.02 2018고단987
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. 2018. 8. 16. 자 범행 피고인은 2018. 8. 16. 22:20 경 거제시 B 상가 옥상에서 ‘ 폭행을 당했다’ 는 112 신고를 받고 출동한 거제 경찰서 C 지구대 소속 경사 D의 사건처리가 마음에 들지 않는다는 이유로 “ 씨 발 새끼야, 내가 죽어야 억울함이 풀리지 ”라고 욕설을 하면서 위 옥상에서 뛰어가다가 경사 D로부터 제지를 당하자 화가 나 발로 경사 D의 정강이 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

2. On August 17, 2018, the Defendant committed the crime at around 00:25 on August 17, 2018, arrested the Defendant as a flagrant offender on the same day as the indicated in paragraph (1) in front of the entrance entrance of the main center of the Sado Police Station, and escorted the Defendant to the said Sado Police Station, on one occasion at the right nose of the slope D belonging to the C District Unit of the Wado Police Station at the patrol vehicle, while being escorted to the said Sado Police Station.

Accordingly, the defendant interfered with legitimate execution of duties concerning the escort of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The victims, who are public officials of the police station with the reason of sentencing in Article 62-2 of the Criminal Act, do not want to be punished by the defendant; the defendant does not have any particular criminal record; the defendant's age, sex, criminal conduct, environment, health conditions, circumstances leading to the crime, means and results; and the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as ordered by the order.

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