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(영문) 창원지방법원 2017.05.30 2017고단886

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 22, 2017, the Defendant: (a) 01:20 on the road in front of the “D main office” located in C of the Changwon-si, Changwon-si; and (b) on the ground that the Defendant was able to ask the Defendant’s personal information and the circumstances of the case to the police box affiliated with the Changwon-gu, Changwon, Police Station E (hereinafter “C”) called out after receiving a report of 112 that the Defendant would escape a disturbance.

Accordingly, the Defendant expressed to the above F that “the age is the gushee in which the mast, the mast of the mast, the mast of the mast, the mast of the mast, how the mast, the mast of the mast, the mast of the mast, the mast of the mast, the mast of the mast, the mast of the mast, the mast of the mast, the mast of the mast, the mast of the f at once

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Each report on investigation;

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes to output data from cell phones video images and CCTV video recording;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances among the reasons for sentencing), the sentencing conditions specified in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the commission of the crime, as well as various circumstances, including the following circumstances, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing guidelines ( June - January 1) shall be determined as ordered by the Supreme Court’s sentencing guidelines.

The favorable circumstances: The defendant is making a confession, and his mistake is divided in depth, the defendant seems to have committed the crime of this case in a sudden and contingent manner, and the degree of damage therefrom is not much serious, and the defendant has no criminal record more severe than a fine: although he has long been punished by a crime of interference with the execution of official duties, the defendant has long been punished by a crime of interference with the execution of official duties, and the state has a criminal record.