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(영문) 창원지방법원 밀양지원 2016.12.15 2016고단499
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

Criminal facts

1. 피고인은 2016. 8. 12. 23:03경 경남 창녕군 C 앞 노상에서 술에 취하여 주차된 차량을 주먹으로 치는 등 소란을 피워 신고를 받고 출동한 창녕경찰서 D파출소 소속 경사 E으로부터 인적사항을 질문받자, 갑자기 “대가리 빠갠다, 개새끼야”라고 욕설을 하면서 손으로 위 E의 머리를 1회 잡고 흔드는 등 폭행하여, 경찰관의 112신고출동 처리 업무에 관한 정당한 직무집행을 방해하였다.

2. On the same day, at around 23:52, the Defendant, at the police box of the police station, who was arrested and detained in the act as referred to in paragraph (1) at the police station, and was later arrested and detained in the act as referred to in paragraph (1) at the police box of the police station, and was in front of the entrance, the Defendant, without any justifiable reason, told the police officer G of the said box that “I have been assigned to the police officer, us can bit the bit of bit of a bit of a bitch, ice ice, ice ice ice ice ice ice,” and, without any justifiable reason, obstructed the police officer’s legitimate performance of duties concerning the duties of carrying the arrested suspect.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Application of Acts and subordinate statutes to investigation reports (as to the arrest, etc. of flagrant offenders), on-site photographs, and investigation reports (as to attachment of a list of 112 reported cases);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Second and Second crimes applicable to the sentencing criteria: The scope of final sentence due to the aggravation of multiple offenders who have no basic area (six months to one year and four months) of the obstruction of performance of official duties (the scope of recommendations) and the basic area (six months to one year and four months): Imprisonment with prison labor for six months to two years.

3. The decision-making defendant acknowledges his criminal act and repents.

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