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(영문) 창원지방법원 2020.04.16 2019고단4038
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

1. From Oct. 6, 2019 to Oct. 01:25, 201, the Defendant insultd the victim by speaking to the police officer in the emergency room of the above hospital, i.e., “F of the emergency room of the above hospital and the patient suffering from the victim E, who was dispatched after receiving 112 a report as a disturbance at the emergency room of the Seongbuk-gu C Hospital in the Changwon-gu Seoul Special Metropolitan City, Seowon Police Station D District, which was called by the victim E, while the victim under the circumstances where the victim was affiliated with the said hospital, the Defendant made a public insult of the victim by speaking to “the victim who is faced with the police officer in charge of this smoking, she must see human fat or hack, hack h h h h h h h h k

2. The Defendant, at the time and place specified in the above Paragraph (1) above, expressed a desire without having received an answer from the Inspector E as stated in the foregoing Paragraph (1), and assaulted E on the floor of the hand-to-face, such as threatening that the Defendant’s chest would be sealed once, with the hand-to-face hand-to-face hand-to-face hand-to-face hand-to-face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer against E, and accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the points of obstruction of performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment (the degree of imprisonment, the nature of the crime, the circumstances of the crime, and the number of times the punishment of the fine) with respect to the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation to the extent that the punishment is aggregated with the maximum term of the crimes of obstruction of performance of official duties heavier than the punishment);

1. The main sentence of Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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