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(영문) 창원지방법원 2017.10.31 2017고단2934
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

On April 8, 2017, at around 12:10, the Defendant: (a) asked the Defendant’s personal information and asked the Defendant’s family and telephone call; and (b) threatened D’s chest with D’s face by hand, with D’s personal information and threaten D’s face.

피고인은 계속하여 D에게 “ 씹할, 콱 개새끼 진짜 콱, 어디 씹할 새끼가 뭘 봐, 그래 가지고 공무원이 돈 받아 먹어 ”라고 욕설을 하며 주먹으로 D의 얼굴 부위를 향해 때릴 듯이 수회 휘두르고, 손으로 D의 성기 부위를 잡아당겼다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers related to the 112 reporting processing duties, and at the same time, the Defendant inflicted an injury on the victim, such as a scarke wall, which requires treatment for about 14 days.

Summary of Evidence

Application of Acts and subordinate statutes to the written injury diagnosis report E of the police statement of the defendant's legal statement D

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act (the suspension of execution of a sentence shall be suspended in consideration of the fact that the defendant has no criminal records of the suspension of execution or heavier punishment, and that the defendant has committed a mistake and has been divided, although he/she was unable to receive a letter of punishment from the victim or compensate for damage);

5. The community service order under Article 62-2 of the Criminal Act;

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