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(영문) 창원지방법원마산지원 2020.08.11 2020고단504
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

피고인은 2020. 3. 11. 01:40경 창원시 마산합포구 B에 있는 C 앞에서 손님이 술에 취해 행패를 부린다는 112 신고를 받고 출동한 마산중부경찰서 D파출소 소속 경위 E 등으로부터 귀가할 것을 요청받던 중, 전봇대 옆에 있는 쓰레기봉투를 발로 찼고, 이에 위 E이 피고인을 말리자 갑자기 E의 좌측 눈 부위를 1회 때리고, 손톱으로 E의 왼쪽 손등을 긁는 등 폭행하였다.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A criminal investigation report (Attachment of a photograph of damage inflicted by a victim police officer);

1. Photographs of a police officer;

1. Investigation report (suspects' criminal images, photographs and CD attachment);

1. Application of the Acts and subordinate statutes to the screen by cutting CCTV images;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Prosecutor's opinion: Eight months of imprisonment;

4. The Defendant: (a) committed an assault to a police officer who fixs him to return home, thereby obstructing the performance of official duties.

The nature of crime is not good because of direct violence against police officers.

There is also a punishment for suspended execution of imprisonment due to the crime of obstruction of performance of official duties in 2016.

However, the defendant recognizes and reflects crimes.

Even if we do not seem to have suffered an injury by a police officer.

The police officer who suffered damage due to the defendant's death shall be punished for the defendant after the prosecution.

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