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(영문) 창원지방법원 밀양지원 2017.06.29 2017고단148

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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2017, at around 12:40 on April 1, 2017, the Defendant: (a) at the C restaurant located in Gyeongnam-gun, and (b) at the D’s seat, the Defendant was able to walk the horses to his customer; and (c) at the seat of the police station E box, the police officer assigned to the police station E box, who was dispatched after receiving a report, attempted to go out of the above Defendant, shall be discarded.

너 거들이 왜 왔노, 씨 발 새끼들" 이라고 욕을 하며 오른쪽 무릎으로 위 F의 낭 심 부위를 1회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to the investigation report (No. 3 of the evidence list);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no person [the person who is subject to special sentencing] in the basic area (6 months to one year and six months) of the type 1 (Interference with the performance of official duties and coercion of duties) [the decision of sentence] (the decision of sentence shall be made in consideration of the following circumstances and the defendant's age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the records, such as the following circumstances, the sentence shall be determined within the scope of recommended punishment according

Unfavorable circumstances: A favorable circumstance that requires strict punishment for interference with the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order: A person who has no record of punishment exceeding fines.