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(영문) 창원지방법원 2017.12.28 2017고단3974

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 01:50 on November 8, 2017, the Defendant sent the answer that the Defendant could not inform the reporter from a slope D, a police officer belonging to the police station C commander of the police station, of the fact that he was sent at his own home after receiving a report on the Defendant’s operation of a marital fighting with his wife at his own home, and that the Defendant sent the answer that he could not be informed of the reporter from a police officer belonging to the police station C commander of the police station. B, the Defendant expressed a desire to read “this shot, unbrued me,” and the two hand pusheds of D’s chest.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. According to the decisions of sentence, the sentence shall be determined within the scope of the recommended sentence, taking into account the following circumstances: (a) the Defendant’s age, sex, environment, family relationship, motive and consequence of the commission of the crime; and (b) the circumstances constituting the conditions of sentencing as shown in the argument of the instant case.

D. Unfavorable circumstances: The crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, the circumstances favorable to the need to strictize it: The defendant reflects his mistake, and the defendant has no record of being subject to punishment exceeding the same kind or fine.