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(영문) 창원지방법원 진주지원 2014.12.12 2014고단760
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

피고인은 2014. 6. 1. 03:31경 진주시 C에 있는 D슈퍼 앞 도로에서, 사람이 도로에 누워 있다는 112신고를 받고 현장에 출동한 진주경찰서 E파출소 소속 피해자 경위 F(57세)으로부터 귀가를 권유받자 이에 화가 나, 위 경찰관에게 “야 씹새끼야 죽인다, 구족을 멸하겠다, 개새끼야”라고 욕설을 하며 주먹으로 위 경찰관의 얼굴 부위를 1회 때리고, 손톱으로 위 경찰관의 왼손 부위를 1회 할퀴고, 발로 위 경찰관의 정강이 부위를 2회 찼다.

As a result, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports by the police officers and the maintenance of on-site order, and at the same time, the above victim was spawn and spawn for a approximately two-day medical treatment.

Summary of Evidence

1. The defendant's statement on the fourth trial date in court;

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes on commission of appraisal;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act does not obstruct the performance of official duties, such as obstructing the defendant from taking away from a police officer who was dispatched after receiving a report by him, and causing injury at the same time. Although the defendant was punished by a fine due to damage to public goods, there is a history that the defendant was punished by a fine, but the defendant is divided while committing the crime, and the injury suffered by the damaged police officer is not relatively heavy, the defendant committed a crime by drinking, and there is no other criminal offense only twice by a fine, other character, conduct and environment of the defendant, the background and result of the crime of this case, and the circumstances after the crime.

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