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(영문) 창원지방법원 2016.11.17 2016고단3296
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. At around 20:40 on August 4, 2016, the Defendant sexually insultingd the victims by publicly alleging that, “A victim C and the victim D, a police officer belonging to the Changwon Police Station, who was sent to the site after having received a report that the Defendant was under the influence of alcohol at the 112th floor at the Changwon Police Station, recommended him/her to return home to the Defendant, and there are many other persons, such as E, to the victims.”

2. Performance of official duties;

A. The Defendant, at the time, at the time and place specified in the foregoing paragraph (1), solicited the Defendant to return home to the scene as stated in the foregoing paragraph (1), performed an act of assault by a police officer C in his hand, such as booming C’s flaps and booms, and obstructed the police officer’s legitimate execution of duties in relation to the prevention, suppression, investigation, etc. of the crime.

B. On August 4, 2016, around 21:00, the Defendant committed a crime as set forth in the above paragraphs (1) and (2) and obstructed the police officer’s lawful performance of duties concerning the prevention, suppression, investigation, etc. of the crime by assaulting the Defendant, such as a police officer’s clothes belonging to the Changwon Police Station, where the Defendant was escorted to the police officer, who committed a crime as set forth in the above paragraphs (1) and (2).

C. On August 4, 2016, at around 21:20, the Defendant: (a) committed an assault to the police officer’s bridge part on the police officer’s Ha, such as the one-time bridge part; and (b) obstructed the police officer’s lawful performance of duties concerning the prevention, suppression, investigation, etc. of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C, H, and D;

1. A written statement of I and E;

1. Each report on investigation;

1. A complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

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