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(영문) 창원지방법원 2018.02.09 2017고단4377
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 becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 9. 30. 22:50 경 김해시 C에 있는 D 앞 도로에서 위 식당의 손님과 실랑이 하던 중 112 신고를 받고 출동한 E 지구대 소속 순경 F로부터 싸움을 제지 받으며 현행범으로 체포될 수 있음을 고지 받자 화가 나 위 순경 F에게 주먹을 쥐고 쥐어박을 듯 한 태도를 보이며 취하며, “ 야 이 개새끼야, 현행범으로 체포 해 라” 고 말하며 순경 F의 멱살을 잡고 정강이를 발로 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning prevention and suppression of F crime, public peace and maintenance of order, which is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. A written statement of I;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [Scope of the recommended punishment] is minor in the area where the reduction area (no more than eight months of imprisonment) is mitigated (no more than eight months of imprisonment), a threat of violence, a deceptive scheme, or a degree of interference with the performance of official duties of the person concerned;

2. The defendant who has rendered a decision of sentence is drunk and drunk in a cafeteria of a good ordinary people.

12 Crimes are not good in light of the course and method of violence and obstructing the legitimate execution of official duties by assaulting a police officer called out after receiving a report.

In addition, the defendant has been punished several times for violent crimes and has committed recidivism without being aware of the history of punishment.

However, the defendant reflects his fault in depth.

In this case, it seems that the existence of alcohol suffered from ordinary fluence has affected this case, and after committing the crime, the defendant himself/herself found the hospital and received treatment for the fluence of alcohol, so there is a degree of vision.

The degree of violence exercised against police officers is severe.

It is difficult to see.

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