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(영문) 창원지방법원 진주지원 2020.02.12 2020고단28
공무집행방해
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 became final and conclusive.

Reasons

Punishment of the crime

On October 23, 2019, the Defendant: (a) around 19:00, around Jinju-si B, and (b) took action, such as being under the influence of alcohol on the front of the “C” road located in Jin-si B, and (c) was under the influence of alcohol.

The citizens of this name were reported to 112, and the police officer E and the police officer F, who belongs to the D District Police Station of the Gyeongnam-gu Police Station, was called to the above place.

피고인은 같은 날 19:15경 위 경찰관들로부터 집으로 돌아가라는 말을 듣자, 갑자기 경찰관들에게 “너거들이 왜 왔노.”, “좋다, 오늘 해보자.”, “에이, 씨발, 좆같은 새끼야. 헛폼 잡지 마라. 이 새끼야.”, “니는 공무원 땡이다. 내 아들 같은 놈이. 너는 죽어야 한다. 죽어야 돼, 새끼야, 씨발놈아.”, “너거는 오늘부로 모가지다. 그냥 넘어가지 않는다, 씨발놈아.” 등의 욕설을 하면서, 손바닥으로 E의 왼쪽 가슴을 10회 때리고, 손으로 E의 몸을 밀쳐 땅바닥에 넘어뜨리는 등 E을 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. 112 Application of the 112 Reporting List, photographic Acts and subordinate statutes;

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

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the obstruction of performance of official duties according to the sentencing guidelines shall be limited to the basic area of the obstruction of performance of duties and the coercion of duties, six months to one year and six months;

2. Determination of sentence: The degree of used violence is not easy and the circumstances after committing the crime are not good;

However, it is recognized that the damaged police officer recognized the crime, and the damaged police officer wanted to take the ship.

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