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(영문) 창원지방법원 2016.06.23 2016고단828
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 1. 11. 04:15 경 창원시 진해 구 C에 있는 진해 경찰서 D 파출소에서 경위 E로부터 피고인이 F을 폭행한 사건을 조사 받는 중에 " 씹할 놈 아, 니가 경찰이 가 개새끼야 죽여 버린다, 씹할 놈들 내가 피해자 다, 씹할 놈들 아, 왜 날 잡아 왔노. "라고 말하면서 양손으로 위 E를 밀치고 발로 위 E의 좌측 허벅지를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning criminal investigation by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person who has the basic area (from June to one year and four months) (the person who has been subject to special sentencing] (the decision of sentence] [the person who has been sentenced] under the basic area (from June to one year and four months), i.e., the crime of obstructing the legitimate performance of official duties by exercising violence against the police officers dispatched to the police station after receiving a report on his/her failure at the main place in the influence of alcohol: Provided, That the defendant is not subject to a second offense by breaking his/her mistake:

In consideration of the fact that the execution of a sentence is being suspended, the execution shall be suspended.

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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