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(영문) 창원지방법원 마산지원 2019.01.09 2018고단1129

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:10 on October 9, 2018, the Defendant, at the front of the “C convenience store” located in Changwon-si, Changwon-si B, Changwon-si, and at the front of the “C convenience store”, committed assault, such as fluoring the beer, which was contained in the instant F, upon considering the circumstances of the instant case, by the police officer F of the Mapo-gu Police Station Epic Station, sent to the site after receiving a report of 112, and attempted to grasp the personal information of the police officer of the Mapo-gu, Busan-gu, Police Station Epic, who was sent to the site.

As a result, the defendant assaulted the above police officer and interfered with his legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Although there is a same record of sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence, the sentence shall be determined as ordered in consideration of the fact that the defendant has the same record of sentencing, the error is recognized and reflected, the fact that the victim police officer has agreed with the police officer, the fact that there is no serious criminal record, and