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(영문) 창원지방법원 2016.12.09 2016고단3322
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 10, 2016, the Defendant attempted to go to a restaurant without paying the cost of drinking alcohol and alcohol at an OOO restaurant located in Seocho-gu, Seocho-gu, Changwon-si, Changwon-si, Seoul at around 23:00.

진해경찰서 OO파출소 소속 경찰관인 경사 D, 순경 E 등은 2016. 9. 11. 00:20경 위 무전 취식 관련 112신고 지령을 받고 위 식당으로 출동하여 피고인에게 인적사항 및 사건경위를 묻자, 피고인은 경사 D에게 “씨발 새끼야. 니가 뭔데. 경찰이면 다가.”라고 소리치고 주먹을 쥔 채 경사 D를 때릴 듯이 위협하였다.

Accordingly, as a patrolman was removed from the Defendant, the Defendant: (a) carried the Defendant with scam, scam, scam, and scamed to the Defendant; (b) carried the scam, scam, scam, and scam, scamed to the Defendant’s hand, and scamed to the bed of the Defendant’s shoulder.

As a result, the Defendant assaulted police officers to interfere with the legitimate execution of duties of police officers on the handling of the 112 Report Report Case, and at the same time inflicted on police officers E with the crypted salt, tension, etc. requiring approximately two weeks of medical treatment.

2. On September 11, 2016, at around 00:40 on September 11, 2016, the Defendant damaged public goods and arrested a flagrant offender as an act described in paragraph (1) as a result of the act described in paragraph (1), and subsequently, as police officers E et al. want to board the Defendant on the back seat of the patrol knife, the Defendant fell off with the front seat of the patrol knife.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to each statement, account statement, damage photograph, and medical certificate;

1. Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 141 (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 of the Criminal Act:

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