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(영문) 창원지방법원 2014.12.17 2014고단2962
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 18, 2014, the Defendant engaged in obstruction of performance of official duties: (a) in front of the building Kimhae-si, 01:35, the Defendant reported the 112 report in front of the building, and, upon receiving the notification, sent to the police officer affiliated with the Kimbu Police Station C (a police box affiliated with the Kimbu) and the police officer assigned to the police officer affiliated with the same police officer, but, on the ground that the police officer did not enter this, the Defendant committed an assault by the aforementioned D, etc., who returned to the police officer on the ground that the police officer did not take advantage of it.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

2. 모욕 피고인은 위 일시, 장소에서 손님을 태우기 위해 대기하고 있던 택시기사인 피해자 F가 경찰관에게 위 공무집행방해죄에 대하여 증인을 서겠다는 말을 했다는 이유로 출동한 경찰관 2명과 택시기사 3명이 있는 가운데 피해자에게 “씨발, 니가 뭘 봤다고 증인을 서나”라고 욕설하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of each police protocol of statement to E, D, and F;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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 on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant's husband is detained for the crime of obstruction of performance of official duties,

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