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(영문) 창원지방법원 2016.04.05 2016고단464

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Criminal facts

On February 28, 2016, around 10:15, the Defendant: (a) expressed a bath to W; (b) on the front of the T Bank located in Seongbuk-gu, Changwon-si; (c) on the Changwon-gu, Sungwon-gu, the 112 reported and sent out, the background V belonging to the U District Police Station in the Changwon-gu, Seoul-gu, the Defendant was able to restrain the Defendant; and (d) I expressed to V that “I am off the stroke, he is responsible for inside, and is able to cut off the clothes; and (d) assaulted the V’s chest by hand.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with regard to W;

1. Statement protocol of the police concerning V;

1. Application of investigative report (a photograph attached to a studio for a crime) (limited to photographs);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The part dismissing a public prosecution for sentencing under Article 62 (1) of the Criminal Act [the grounds for sentencing] of the suspended sentence under Article 62 (1) of the Criminal Act [the scope of the recommended sentence] that there is no basic area (from June to one year and four months) (the person subject to special sentencing] [the decision of sentencing] [the decision of sentencing] six months of imprisonment, the suspended sentence two years (the details and method of crimes, reflects the nature and method of crimes, and the first offense).

1. On February 28, 2016, the Defendant in this part of the facts charged: (a) on the front of the Telecommunication Bank located in Sungwon-si, Changwon-si, Hosi (09:50 on February 28, 2016, the issue of the victim W (55 years old) who is a taxi engineer and the rate is threateninging the victim with a stone with a stone stone with a nearby chemical unit, and threatening the victim with a stone with a view to facing the nearby chemical group; and (b) the victim “It is turd with a lue, flue with a lue

In other words, the victim threatened the victim, such as "grasing down, killing, and leaving away."

2. Determination - Non-members of the victim’s punishment (see the self-agreement made on March 25, 2016) - Judgment dismissing a public prosecution: Article 283(1) and (3) of the Criminal Act; Article 327 subparag. 6 of the Criminal Procedure Act