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(영문) 창원지방법원 2014.12.10 2014고단2839

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On September 28, 2014, at around 01:30 on September 28, 2014, the Defendant obstructed the operation of the main station by force of the victim for about 30 minutes, following the Defendant’s desire to “at least 01:30, at the E main station operated by the victim D, who was demanded the payment of the drinking value by the victim, two drinking wnings on the table table, and “at least 1:0, there should be no way to go back to the toilet. There will be no way to go back to the toilet.” In doing so, the Defendant obstructed the operation of the main station by force of the victim for about 30 minutes.

2. The Defendant of obstruction of performance of official duties: (a) committed assault on the part of the police officer, such as assaulting on the right hand of G, with a 112 report at the same time and at the same place as above 1.1; and (b) obstructing the police officer’s legitimate performance of duties concerning the duties of handling the 112 reported case by assaulting the police officer’s 112 report on the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (this shall not apply to a defendant who has no particular criminal records, and the extent of violence against a police officer shall not be excessive, and consideration, such as where the defendant has agreed with the victim or deposited money);

1. Social service order under Article 62-2 of the Criminal Act;