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(영문) 창원지방법원 진주지원 2016.10.19 2016고단668

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 23, 2016, the Defendant obstructed the police officer’s legitimate performance of duties concerning handling of reports by the police officer on the 112th day of Sacheon-si, Sacheon-si, by receiving the Defendant’s 112 report that fighting has occurred within the said D main points, and by asking the Defendant for the background of the report.

2. When the Defendant was arrested in the act of obstruction of the performance of official duties at the above time and place, at the above time and place, the Defendant was arrested in the act of obstruction of the performance of official duties. In fact, the Defendant made a false statement to the above F that “I knife the knife of the knife in the knife boundary of the knife, knife within the Drife,” and made seven police officers who were working on duty, such as patrols for the prevention of crimes in neighboring areas, such as Sacheon Police Station E District Unit F, etc., to search inside the knife of the knife.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. On-site reports;

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act for the crime, and Article 137 of the Criminal Act for each of the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties by Fraudulent Means);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the defendant made 112 reports on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, and made seven police officers dispatched to the police station by assaulting the police officer without any particular reason and making him/her send a false report without reason. The nature of the crime is very high.