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(영문) 창원지방법원 진주지원 2018.02.27 2017고단79

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 20, 2016, around 12:05, at the front of the restaurant located in Jinju City, the Defendant, after receiving 112 reports on the date of assaulting the above restaurant proprietor, sent to the Party E, who was asked about the Defendant’s identity and the circumstances of the case from the slope belonging to the Donnam Police Station Down-gu, Jinnam Police Station, who was called out after receiving 112 reports on the date of assaulting the said restaurant proprietor, and went to the Party E, even if he was closed, he would be able to drink.

Accordingly, the defendant threatened police officers who perform legitimate duties concerning the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of statutes on police statements made to F, E, and G;

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

1. Article 62 (1) of the Criminal Act (a confession of a crime and there is no criminal record of reflectivity, the same kind of suspended execution or any other heavier punishment);