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(영문) 창원지방법원 2017.06.13 2016고단3626

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 November 24, 2016, the Defendant was sentenced to the Changwon District Court for two years from the suspension of execution of official duties on October, 2016. The judgment became final and conclusive on December 2, 2016.

around 21:00 on October 10, 2016, the Defendant avoided disturbance at a restaurant located in Kimhae-si, Kim Jong-si. At around that time, the Defendant was removed from D, etc. from the police officer belonging to the police station patrol unit in the Kimhae-si, who was called to the scene after receiving a report related to the above disturbance 112, and obstructed the Defendant’s personal information while avoiding the police officer D’s knife, and she threatened the Defendant with D’s chest on his hand, who was able to ask the Defendant for any personal information while going against the police officer D.

Accordingly, the defendant assaulted and threatened police officers to interfere with legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

Application of the police statement law to the defendant's legal statement D

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. Article 62 (1) of the Criminal Act on the Suspension of Execution (this case’s crime has not been subject to criminal punishment heavier than that of the suspension of execution, and consideration, such as the violation of the law);

4. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;