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(영문) 창원지방법원 2020.12.09 2020고단3168
공무집행방해
Text

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

However, 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 2020. 9. 12. 22:25경 김해시 B아파트 C호 자신의 주거지 거실에서, 가정폭력 112 신고를 받고 현장 출동한 김해중부경찰서 D지구대 소속 경찰관인 경장 E으로부터 사건 경위 등에 대하여 질문을 받자 “씨발새끼야 잡아가라 내가 뭘 잘못했는데, 안잡아가면 죽여버린다.”라고 이야기하며 오른손으로 E의 안면 부위를 1회 때려 피해자가 쓰고 있던 안경이 바닥에 떨어지게 하는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal history in the report processing table of 112 of the police statement of the case to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The police officers with reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order have been dispatched to the Defendant’s residence after receiving domestic violence reports and separated the Defendant’s spouse and sought to hear the statement concerning circumstances of the following case. However, the Defendant committed the instant crime committed against the victimized police officers by exercising his/her direct force on the body of the victimized police officers and neglecting public authority.

In light of the circumstances leading up to the instant crime committed while being committed, the degree of assault committed by the Defendant in the case of domestic violence, the degree of obstruction of the performance of official duties by the Defendant’s spouse, the degree of interference with the performance of official duties by the instant crime, and the likelihood that the victimized police officer, who satisfed with his face in the course of performing his duties,

However, the Defendant recognized the instant crime and reflected the mistake.

The defendant issued a apology to the victimized police officer and sought a letter of apology.

The spouse and children of the defendant shall be the wife of the defendant.

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