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(영문) 창원지방법원 마산지원 2015.07.15 2015고단471

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 22:50 on May 14, 2015, the Defendant: (a) had been living in the front of the Yongsan-gu, Changwon-si, Muwon-si B, and had been fighting with the Defendant, on the ground that the 112 report was made and sent out, the Defendant obstructed the Defendant’s legitimate execution of duties concerning the handling of the 112 report by police officers and the maintenance of safety order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement of D prepared by the police;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (six months to one year and four months) of the obstruction of performance of official duties (the decision of sentence] (the decision of sentence), six months of imprisonment, two years of suspended execution (the fact that confession and reflects, the fact that there is no same kind of force, etc.)