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(영문) 창원지방법원 2013.04.19 2013고단56

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

At around 23:10 on December 23, 2012, the Defendant: (a) stated that E is about the contents of the report, and that E is about the circumstances belonging to the D District Unit of the Changwon Police Station D, which called “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

In addition, the Defendant, on the ground that F, intended to arrest the Defendant on the charge of obstruction of the performance of official duties for the foregoing reason, she saw that “I would like to see whether I would like to do so, I would like to see that I would like to do so, I would like to see I would like to see I would like to do so, I would like to see I would like to see I would like to see I would like to see I would like to do so, I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention of police officers.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act for probation and community service order (unlawful reasons) are the following reasons: (a) assaulting a police officer dispatched upon receiving a report and committing the instant crime without being aware of the nature of the crime; (b) even though there were many records of punishment for the past violence; (c) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime (self-esteem, which is the crime committed under the influence of alcohol, but is not very reasonable considering the purport that it is the crime committed under the influence of alcohol; and (d) it seems that the degree of assault against the police officer is not much serious.