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(영문) 창원지방법원 통영지원 2018.03.30 2017고단1710
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2017, 01:05, the Defendant: (a) received a request for personal information from a slopeD belonging to the G District Department in the Mao-gu Police Station C, which was called out after receiving a report from 112, while he was under the influence of alcohol in front of the 405 door of B apartment house at 01:05 on November 2, 2017; and

As a result, the brush theory called "Chewing gue" is prepared, and the flue of the above D's name has been strong once due to the suspension of the flue.

Even after the Defendant’s arrest of a flagrant offender, the Defendant continuously expressed a large voice of “a person who prepares for Chewing flag, flag, and flag’s death”, and she received 10 times the chest on the left side of the said D’s head due to her head, even after she was on board the back seat of the patrol vehicle, and the said D’s face was collected from D’s face.

그 후 피고인은 같은 날 01:30 경 거제시 E에 있는 거제 경찰서 C 지구대 사무실에 인치된 이후에도 오른발로 D의 좌측 턱 부위를 1회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Chapter II Acts and subordinate statutes to photographs taken by police officers affected by a crime that interferes with the performance of official duties;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Type 1 (Interference with the performance of official duties and coercion of duties), the basic area of sentencing (six months to one year and six months) under Article 62-2 of the Social Service Order Criminal Act - The crime of this case is committed by assaulting a police officer dispatched after receiving a report 112, thereby obstructing the legitimate performance of police duties - The defendant shows an attitude against the defendant's age, sexual behavior, and other circumstances favorable to the fact that he/she has a criminal record of a fine due to multiple violence, etc.

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