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(영문) 창원지방법원 2015.09.09 2015고단346

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:45 on January 24, 2015, the Defendant: (a) sent a police officer a desire to take care of the police officer on the ground that the police officer paid a taxi fee to the Defendant, along with the taxi driver due to the problem of taxi charges, and later returned to the taxi at the taxi; (b) he sent the police officer “sculpty, sculpium, sculpium, sculpium, and sculpium.” (c) was placed on the floor of the police station, such as “sculpium, sculpium, sculpium, etc.” (hereinafter “sculpium, sculpium, and sculption) was set up on the floor; (d) the civil petitioner who was in the police box; (e) the police officer sent a defect to the catter inside the police box after about 30 minutes; and (e) the police officer tried the police officer at least five times.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the situation service of police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness F and G’s respective statutory statements;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months) (the special person). In order to establish the legal order of the State and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of official duties. The circumstances after the crime of this case are also poor.

However, given that there is no record of criminal punishment by the defendant, the fact that the defendant deposited one million won for the F of police officers, etc., the punishment as ordered shall be determined by considering favorable circumstances, such as the age, health condition, environment, etc. of the defendant.