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(영문) 창원지방법원 진주지원 2014.09.12 2014고단808
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2014, around 23:30 on July 20, 2014, the Defendant was under a map to the effect that “on the road, if walking along the road, you will use the dangerous delivery” from F in the background leading to the assignment of the private police station E zone unit called upon receiving a report on a lane along the lane in front of the D cafeteria located in Scheon-si, Scheon-si.

The Defendant continued to walk on the road to the above F while talking about whether it would be the superior of the F, whether it was a crime, whether it was a flachip, and whether it was a flachip, and whether it was a flachip. The Defendant’s act was demanded from the above F to present his identification card as it was in violation of the Road Traffic Act, and when the Defendant took a bath to the F, he saw the f’s chest into two tights and f’s glachip, and blachip.

피고인은 위와 같은 범죄사실로 현행범인으로 체포되어 사천시 G에 있는 사천경찰서 E지구대 사무실로 인치된 후에도 이에 불만을 품고 “야이 개새끼들아, 니는 뭐야, 씨발놈아, 거지같은 새끼들아, 호로 새끼야”라고 욕설을 하면서 위 지구대 사무실에서 근무하고 있던 사천경찰서 E지구대 소속 경위 H에게 신발을 집어던지고, 같은 지구대 소속 경위 I을 향해 침을 뱉고 피고인의 인적 사항을 확인하려던 같은 지구대 소속 경위 J의 무릎을 발로 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers F, H, I, and J concerning the maintenance of order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of K, H, J, and I;

1. Application of Acts and subordinate statutes on the screen by photographing each photograph and cutting down a course;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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. Article 62-2 (1) and (2) of the Criminal Act on Probation;

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