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(영문) 창원지방법원 통영지원 2019.06.20 2019고단238
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 3, 2019, at around 22:55, the Defendant insultd the victims of the case by referring to the victim E, victim F, victim F, victim G, victim H, etc. who was called up after receiving 112 report to “I am, have to live in, have to live in, have to live in, but the Defendant had to know immediately that I am son son son son son son son son son son son son son son son son son.”

2. On January 3, 2019, the Defendant: (a) took a bath to police officers who were working in the D District D District located in Busan Yagu; (b) took an action against the police officers who were working in the said District D District, such as “Waring Tobacco,” and (c) took an action against the police officers who were working in the said District D District D District, such as: (a) he was fluoring the left part of the J’s chest at one time; (b) he was fluoring the left part of the J’s face; and (c) was fluoring him once again.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, J, G, H, and F;

1. Photographs related to the case;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 311 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 Criminal Act is that the Defendant’s liability for each of the crimes of this case committed by insulting and assaulting the police officers on official duty is not somewhat weak, but the degree of insult and assault against the police officers, the Defendant has no record of the same crime, the time of committing the crime, the recognition and reflect of the Defendant’s age, character and conduct, environment, and motive and means of the crime.

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