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(영문) 창원지방법원 2018.05.03 2018고단410
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 2018. 1. 4. 04:25 경 김해시 B, 3 층에 있는 C 주점에서, 피고인이 술값을 계산하지 않고 행패를 부린다는 신고를 받고 출동한 김해 중부 경찰서 소속 순경 D으로부터 인적 사항과 술값 지불의사에 대한 질문을 받자, “야 이, 개새끼들 아, 씨 발 니들이 뭘 안다고 나서냐,

Before doing the bath theory, D used the breast part of D as his hand, and assaulted the neck of the neck.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the sentencing conditions set forth in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as set forth in the following circumstances, and the scope of the recommended sentencing guidelines set forth by the Supreme Court sentencing guidelines (the basic area of the sentencing guidelines set forth in Article 62(1) of the Act on the Suspension of Execution of Duties ( June - June 1): the scope of the recommended sentence set forth in the sentencing guidelines for the commission of sentencing of the Supreme Court.)

A favorable circumstances: The fact that the defendant has no particular criminal record, confessions, and repents his mistake; the defendant appears to have committed the crime of this case by a contingency, and the degree of obstruction of violence and official duties is not severe: The fact that it is necessary to impose strict punishment for the crime of interference with the execution of official duties in order to establish the state's legal order and eradicate the light of public authority.

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