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(영문) 창원지방법원 2016.04.28 2015고단3366

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 21, 2015, the Defendant, at the “C” drinking house located in Kimhae-si B around 21:30 on November 21, 2015, was under the influence of alcohol, and the Defendant was under the influence of alcohol, and was under the control of the police officer in charge of the duty of reporting 112 by committing any act, such as having been informed by the police officer E, who was called upon 112 as to the above act, and having been under the control of the police officer, who was in charge of the duty of reporting 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to the scene of damage and photographs of damaged victim;

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

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act / [Scope of Recommendation] There is no person who does not have a basic area (from June to January 4) (the special sentencing person) (the judgment of sentencing person] / even though the defendant has been sentenced to a fine due to the obstruction of the performance of official duties and the obstruction of duties, etc., even though he/she has a number of records of being sentenced to a fine due to the obstruction of the performance of official duties and the obstruction of duties, it is necessary to severely punish the police officer who committed the instant crime in which he/she interferes with the legitimate performance of official duties by using violence: Provided, That it is not necessary to repeat a crime by breaking a mistake.

In consideration of the fact that the execution of punishment is suspended on condition of community service work.

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance 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 of the commission of