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(영문) 창원지방법원 2014.12.19 2014고단2951
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On October 7, 2014, the Defendant was driving the Defendant’s vehicle by driving the Defendant’s vehicle at the seat of the Defendant in Kimhae-si at his own time after drinking alcohol.

However, the same month in which the proxy engineer did not receive 50,000 won money and without giving it.

8. At around 00:33, 112 reported an acting engineer.

Accordingly, the defect in the purport that “I will receive money by putting a substitute engineer, I go to the patrol vehicle,” after having called the circumstances of the Kim Sea Department’s D District E, etc., and after hearing the report, the Defendant misunderstanding the situation, and attempted to see that “I must go to the dint of this Chewing flap? ? I must go to the dice patrol vehicle,” and in hand, I see E’s flab by hand after flaging the flab.

이어, 피고인은 같은 지구대 소속 경사 F에게 “야! 씹할놈아! 니가 경찰이냐 나도 높은 놈들 많이 알고 있다. 나는 니보다 많이 배워 법에 대해 니같은 놈은 쨉도 안 된다.”고 고함을 지르다가 F의 가슴 부위 상의를 손으로 움켜쥐었다.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no particular criminal record in the case of a defendant, and that the degree of violence against a police officer is not excessive);

1. Social service order under Article 62-2 of the Criminal Act;

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