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(영문) 창원지방법원 2015.10.08 2015고단2100

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

At around 02:00 on May 16, 2015, the Defendant: (a) laid off a pursuant to the influence of alcohol in front of the Jinhae-gu, Changwon-si B, and obstructed the police officer’s legitimate performance of duties on the handling of a report by the police officer on the ground that D, a police officer assigned to the Jinhae-gu Police Station, who was called upon receiving a report of 112 during the 112 while being drunked, would restrain the Defendant’s act and interfere with the said D’s act on the ground that he was unfasible and unfasible.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] There is no person who has the basic sphere (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months), [decision of sentence] as a result of the Defendant’s assaulting the police officer who was under the influence of alcohol at night and was dispatched, thereby obstructing the performance of official duties, the crime is not less severe: Provided, That the execution of sentence is suspended considering the fact that the Defendant was not subject to a fine on one occasion due to the crime of violation of the Road Traffic Act (the crime of violation of the Road Traffic Act) and that the mistake is divided. In addition, considering the age, character and conduct, family environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the sentence shall be determined as ordered by considering all the factors of sentencing as shown in the arguments