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(영문) 창원지방법원 통영지원 2013.11.13 2013고단784

공무집행방해

Text

A defendant shall be punished by imprisonment for 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 September 5, 2013, the Defendant: (a) around 22:13, 2013, in front of the C Apartment Guard Office in Yong-si, Si, Dong-gu, Dong-nam, the Defendant was assaulted by 50 males with his name in front of the C Apartment Guard Office; and (b) took a bath for the said apartment security guards; and (c) the Defendant reported the above contents in 112.

On the same day, at around 22:25, the Defendant was asked of a slope F, a police officer belonging to the Gyeongnam Police Station Emba, who was dispatched after receiving the aforementioned report at the same place, and a question about the details of damage and the raiseion of the suspect, etc. from G, and the Defendant told the police officer “I see, I saw, I see, I see, on the ground that the above police officer was unable to arrest the suspect, I saw, I see, “I see, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, and sam on the part of G slope, with the left hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. Application of Acts and subordinate statutes to a report on investigation (on-site investigation), investigation report, and investigation report;

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 (i.e., confession, reflectivity, the fact that the defendant has no criminal record exceeding a fine, the fact that the defendant has committed any contingent crime in the state of his/her taking into consideration, the circumstances of the case

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;