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(영문) 창원지방법원 마산지원 2013.06.26 2013고단350
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

1. At around 01:30 on May 20, 2013, the Defendant was under the influence of alcohol on the second line from among the four-lane roads following the Changwon Masan apartment apartment-gu, Changwon-si, the Defendant: (a) was under the influence of alcohol; (b) was born to the patrol vehicle by the patrol vehicle by E, etc., affiliated with the police officer belonging to the Masan East Police Station D District, which entered the 112 report; (c) was under the influence of the performance of official duties, the Defendant stated that the said E, who was driving, was “Chewing,” was under the influence of the driver’s duty at one time by generating the back water of the E, and continued stopping at approximately four times after the stop, thereby hindering the police officer’s legitimate performance of duties on the crime prevention and report handling case.

2. Around 01:40 on May 20, 2013, the Defendant insultd the victim E by saying, at the D District Branch Office of the Msandong Police Station located in the Changwon-si, Changwon-si, the Defendant’s mother and four police officers, the Defendant told the victim E to “cins, garbage fluoring, ringing, opening, ringing, typineing, typineing, typinea, and in accordance with the same manner, the police bats should be cut.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Relevant legal provisions concerning facts constituting an offense: Articles 136 (1) and 311 of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

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