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(영문) 창원지방법원 2018.07.13 2018고단1193
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 became final and conclusive.

Reasons

Criminal facts

On January 13, 2018, the Defendant was asked about the grounds for not paying a taxi fee from E (the police officers South, age 27) who are police officers belonging to the police station, and whether he/she wishes to return home, on the ground that the Defendant was asked about whether he/she would pay a taxi fee and whether he/she wishes to return home, on the ground that he/she was on board a taxi operated by the immediately preceding D as a guest at the C District Parking lot located in Kimhae-si B, Kim Jong-si, 2018.

Natma Madra

", "야 이 씨 벌 눔 아, 개 새 꺄" 등의 욕설을 하면서 오른손 주먹으로 E의 얼굴을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties by police officers for criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is the circumstances favorable to the defendant.

On the other hand, the obstruction of the performance of official duties not only interferes with the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the safety of the general public.

In addition, the sentencing guidelines of the Sentencing Committee have been set in full view of the following factors: (a) the motive, means, and result of the instant crime; (b) the circumstances after the instant crime were committed; (c) the Defendant’s age, sex conduct, intelligence and environment; and (d) the criminal records and arguments, including criminal records and arguments.

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