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(영문) 창원지방법원 밀양지원 2018.01.11 2017고단430

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 16, 2017, the Defendant reported to the police in front of the D Garan bar located in C in the fast-to-door 02:15 on September 16, 2017.

“A police officer, who was dispatched to the scene after receiving a report 112, took a fighting box from police officers, such as the security guards F for the position to which the police box belongs, takes a bath for the police officer, francing him/her for about 20 minutes, f's arms at his/her hand who was solicited him/her to return home from the above F, and f f f f f f f f f f f f f f f f f f f f f f f f f f f f

“In doing so,” and assaulted on the right side of F by force twice on the left hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months) (the person subject to special sentencing] [the decision of sentencing] (the decision of sentencing shall be made in consideration of the following circumstances and the defendant's age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the record, such as the sentencing guidelines, within the scope of the recommended sentence according to the sentencing guidelines.

The circumstances unfavorable: The circumstances that have the record of punishment for the same kind of crime: The fact that the damaged police officer does not want the punishment of the defendant;