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(영문) 창원지방법원 마산지원 2016.04.20 2016고단61

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On November 13, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint assault) stated that, around 00:29 on November 13, 2015, the victim E, under the influence of alcohol, would be bad for the victim E to repair the Defendant, she was pushed the victim E with both arms, and pushed the victim E with the throth of the victim F. The throth of the victim E, in a state where the victim’s head f. of the victim E was taken in his/her hand, and was pushed the victim’s f. of the victim’s h. of the victim E, and was pushed the victim’s h. of the victim’s h., the victim E’s f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f.

Defendant assaulted victims jointly with I as above.

2. Around 01:00 on November 13, 2015, the Defendant obstructed the performance of official duties, at the place indicated in paragraph (1) around 01:12, who was reported to the effect that fighting had been placed at a fighting site, and then asked the situation of the instant case by the Minsan-dong Police Station affiliated with the Minsan-dong Police Station located in the Minsan-dong Police Station, which called for the Defendant: (a) threatened the flaps with the flapsing of the flaps; (b) threatened the flapsing of the flaps; and (c) assaulted the flaps of the flamen affiliated with the same

The Defendant interfered with the legitimate execution of duties by police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of an I prepared by the police;

1. Each statement made to L, K, and J prepared by the police;

1. Application of each statute prepared by E, F, G, H and M;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 136(1) of the Criminal Act (amended by Act No. 1366, Jan. 6, 201);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;