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(영문) 창원지방법원 2014.02.11 2013고단3179

공무집행방해

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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 October 12, 2013, around 02:25, in order to hand over the defendant who was arrested as a flagrant offender at the C District District Parking Site of Kimhae Police Station in Kimhae-si, Kimhae-si, and in order to hand over the defendant who was arrested as a assault case to the criminal charge, the above district sloping D, which read that the defendant was moving the defendant to the parking lot, "Yak, Haak Haak, Haak Haak," and "Yak Haak Haak Yk Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y"

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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

2. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing as follows) is that the crime of this case is not committed by assaulting a police officer to obstruct the performance of official duties after the defendant who has been punished several times due to the recent violent crime was arrested as another violent crime.

However, the punishment shall be determined as ordered in consideration of the fact that the mistake is recognized, the fact that there is no criminal record exceeding the fine, etc., and the fact that there is no criminal record, etc., and considering all other circumstances which form the conditions for sentencing, such as character, conduct