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(영문) 창원지방법원 거창지원 2017.01.25 2016고단454

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2016, at around 23:43 on September 27, 2016, the Defendant: (a) performed friendship D and body fighting in front of the trade name “C” located in Chungcheongnam-gun, Chungcheongnam-gun; and (b) was requested to said F and G to have the police officers assigned to the police box of the Chang-gu Police Station E box called at the site after receiving a report of 112 while being under the influence of alcohol, who were sent to the site by the Defendant, to have the said F and G return to their home on a file with the report of 112.

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Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the dispatch of 112 reported police officers and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the F Statements;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the preceding sentence and the fact that there is no previous conviction or more than the suspension of execution);

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