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(영문) 창원지방법원 2015.06.24 2015고단244
공무집행방해등
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

1. 폭행 피고인은 2015. 1. 17. 01:50경 김해시 C에 있는 피해자 D(여, 55세) 운영의 E주점에서, 술을 마시다가 컵과 병을 깨뜨리고, 이에 대하여 피해자로부터 “파편이 튄다”는 항의를 듣자, 상스러운 욕설을 하면서 피해자의 멱살을 잡아 흔들고, 목을 눌러 피해자를 폭행하였다.

2. At around 02:20 on January 17, 2015, the Defendant: (a) asked questions as to whether a police officer G belonging to the F District of the Kimhae Police Station, who was dispatched after having received a report of assault, and whether a police officer H had a son’s work from the police officer, and (b) carried out an act like drinking to the above He while carrying out a common bath; (c) carried out an act like drinking with drinking, and was snicking the flab of G.

As above, the Defendant assaulted police officers, thereby obstructing police officers’ legitimate performance of their duties concerning handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act: The first category of assault crimes [the scope of recommending punishment] and second category of assault crimes (the basic area (two to ten months) [the scope of recommending punishment] [the scope of obstructing performance of official duties] and the basic area (6 to one year and four months) of obstruction of performance of official duties (the scope of recommending punishment] [the scope of obstructing performance of official duties] and the final scope of sentence due to the aggravation of multiple crimes [the person who has no special relation]: 6 to one year [the decision of sentencing], although there was a history of having been punished by a fine several times due to the defendant's violent types, the case is again.

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