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(영문) 창원지방법원 통영지원 2018.06.28 2018고단491

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2018, the Defendant, at around 14:45 on March 24, 2018, she fighted with C, her husband, at the family of the Defendant located in B, and her husband, on the ground that police officers such as slope E, etc. belonging to the Woldo Police Station D District E, dispatched to said place after receiving a report 112 of domestic violence, assaulted E at one time on the left side of the Defendant’s hand on the ground that he did not enter his own part.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the assault committed by the defendant against the police officer and the degree of infringement of legal interests thereby, the defendant is the first offender who has no record of crime, the time and reflects the crime, the defendant's age, sexual conduct, environment, motive for the crime, circumstances after the crime, etc., and other various conditions of sentencing as shown in the pleadings, such as the defendant's age, sexual conduct, environment, motive for the crime, etc.,