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(영문) 창원지방법원밀양지원 2020.09.22 2020고단214
공무집행방해
Text

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

except that 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

피고인은 2019. 12. 21. 21:30경 경남 창녕군 B에 있는 C에서, ‘피고인이 술에 취한 상태에서 고함을 지르며 행패를 부린다.’는 내용의 112 신고를 받고 출동한 창녕경찰서 D파출소 소속 순경 E으로부터 인적사항 확인을 요청받자 화가 나 “야이 씹새끼야, 니가 뭔데 죽을라고”라고 욕을 하며 순경 E의 왼쪽 정강이 부위를 1회 걷어차고, 같은 파출소 소속 경위 F로부터 소란을 피우지 못하도록 제지받고 인적사항에 대하여 확인을 요청받자 화가 나 “야 씨발 새끼야, 니가 뭔데, 개새끼야.”라고 욕을 하며 발로 경위 F의 왼쪽 정강이 부위를 1회 걷어찼다.

On December 21, 2019, from around 22:40 to 23:20, the Defendant was arrested as a police officer in the act of committing the act of committing the crime in the vehicle, and was on board the patrol vehicle, and was spited on several occasions on the face, bridge, etc. of the police officer I in the police station H, who was on the side while moving from the patrol vehicle to the smuggling police station, and was on board the G police station, and was spited on the face, face, etc. of the police officer I in the police station H, who was on the side while moving from the patrol vehicle to the smuggling police station, and the Defendant was spited on the face of the police officer in order to unsat down the wall

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, J, E, and I;

1. Application of Acts and subordinate statutes to photographs, such as each investigation report, a detailed report, on-site photographs, and CCTV images extracted;

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 imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing) is not to be light in light of the specific contents of the instant crime. However, the Defendant’s failure to repeat the instant crime in light of his depth, and the suspension of the execution of imprisonment is above the sentence.

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