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(영문) 창원지방법원 마산지원 2020.05.20 2020고단46

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

On November 25, 2019, at around 22:50, the Defendant expressed that “C” posts located in Yongsan-si, Changwon-si, Changwon-si B, “A” that “A male son who has boarded a taxi shall wear a fright,” who was sent after receiving 112 report, would be issued a penalty notification due to the non-payment of charges E from the police box belonging to the Msan-dong Police Station, which was sent. However, the Defendant expressed to the above E that “A fright to fright the fright of the fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F Statement, the police officer's parts of the damage load, and the statutes governing the 112 Report Handling Table;

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;

1. The scope of recommended sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act is six months to one year and six months (basic area).

It is not good to commit crimes such as actively exercising tangible power on police officers in the process of performing official duties and entering the upper state.

However, the defendant recognizes and reflects the facts of crime.

No damaged police officer shall be punished.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.