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(영문) 창원지방법원 2015.09.17 2015고단1748

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 became final and conclusive.

Reasons

Punishment of the crime

On June 9, 2015, at least 22:45, the Defendant received the report of 112 from the beginning of the 4 main apartment house located in the Sinhae-si, Kimhae-si, Kimhae-si, which was under the influence of alcohol, and assaulted the right-hand side of the above C by breaking the body of the body of the Defendant, breaking up and breaking the arms with a large amount of hand, and cutting off the body of the above C by cutting off the body of the body and cutting off the arms to the right-hand side of the above C.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and other public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] There is no basic area (six to one year and four months) of the obstruction of performance of official duties (the basic area of six months and one year and four months) (the decision of sentence] The defendant's decision of sentence is not that of the crime because he interfered with legitimate execution of official duties by exercising violence against the police officer who was sent to the police officer who was under the influence of alcohol while drinking during the night. However, the execution of sentence shall be suspended considering that there is no criminal record of the crime of obstruction of official duties and there is no misunderstanding of error;

b)In full view of the Defendant’s age, character and conduct, home environment, motive and circumstances of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.