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(영문) 창원지방법원 마산지원 2014.08.12 2014고단531

공무집행방해

Text

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

except that 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 June 6, 2014, at around 04:25, the Defendant reported that the mother was frighting at the home of the Defendant in Changwon-si, Changwon-si B, while under the influence of alcohol, and the mother was frighting to his house 112.

In that regard, the Defendant, at 17 mar, was a member, Masan-si, Masan-si, the front of the Defendant’s office at the same time, sent to Masan-gu, Masan-si, 10 mar, and 17 mar, for the reason that the Defendant was delayed to send to Masan-gu, the police box belonging to the Masan-dong Police Station, which was called to the scene after receiving the above report, and that it was delayed to send to YE, and continued to display one mar Doe D’s mar as a drinking.

Therefore, the defendant, upon being informed of the slope E that he was sent from the slope E at the same time, sent the face and chest part of the above E in drinking, beyond the floor by putting the above E face and breast part in drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter the reason for sentencing) of the suspended sentence [the scope of recommendation] The reason for the sentencing of Article 62(1) of the Criminal Act / [the scope of punishment for the obstruction of performance of official duties] There is no basic area (6 to 1 year and 4 months) of the obstruction of official duties (the special person) / [the decision of sentence] (the decision of sentence / in order to establish a national legal order and eradicate the light of the public authority, it is necessary to strictly punish the crime of the obstruction of official duties. However, the defendant is against his wrong recognition, and there is no record of the same kind of crime, etc.