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(영문) 창원지방법원 마산지원 2017.02.14 2016고단1327

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 28, 2016, the Defendant confirmed that the Defendant’s wife was serving a fine as a separate case on the part of the Defendant’s wife while receiving a report from the Defendant’s family member C and the Defendant’s residence located on the 2nd floor of the Changwon-si, Changwon-si, Masan-si, and received a report from the Defendant’s family member C and the 2nd floor, and confirmed the details of the report, the Defendant’s wife was in the process of serving the Defendant’s wife as a penalty for the payment of the fine. As such, the Defendant was able to accompany the Defendant’s wife to the district for the payment of the fine, and was given a notice of penalty for the suspicion of interference with the said E’s business.

Accordingly, the Defendant: (a) towed the above E’s arms by hand; (b) took the bath to the above E, “I am spher, sphere, sphere, sphere, and sphere in anywhere,”; and (c) took hand the outside part of the above E’s external part, tear, and sphere in hand, flap the bom.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention and suppression of the above E crime that wear police uniforms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes related to report on internal combustion (limited to the attachment, etc. of tear tear photographs) and attachment photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year and four months [the scope of the recommended punishment]; the basic area (up to June, one year and four months) (up to four months) of the basic area (up to June, one year and four months); and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: A majority of the people who were punished for violent crimes, and even though they had been punished for obstructing the performance of official duties, they committed the crime of this case.

The favorable circumstances: ......