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(영문) 창원지방법원 2020.11.27 2020고단3201
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2020, from around 03:10 to around 03:40 on the same day, the Defendant: (a) reported at the front parking lot of the apartment apartment C Dong, Kimhae-si, and (b) reported on 112, “BD (Defendants are seated; hereinafter, the Defendant: (c) obstructed the Defendant who was urged to return home from D Zone D District of the Kim Sea Police Station; (d) Hambnd by the police officer, by hand; and (d) Hamnd the Defendant, who was bruddd by the police officer as if he assaulted the security guards; and (d) prevented the Defendant from proceeding with the next patrol by blocking the front of the patrol by the police officer assigned to the same global belt, who was called upon receiving a request for support, by putting him under the front qui of the steering; and (e) preventing him from continuing the patrol.

Accordingly, the Defendant interfered with the legitimate execution of duties by the police officers on the handling of the 112 reported case.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F, E, and G as a result of viewing each police record of the defendant's statement by video CD reproduction;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The police officers, who were dispatched upon receipt of a report on the reason of sentencing 112 of Article 62-2 of the Criminal Act for probation and community service order, recommended the Defendant to safely return to Korea, but the Defendant committed the instant crime by neglecting public authority by exercising a police officer’s direct force on the body of the police officers while taking a bath.

In light of the background and content of the instant crime committed under the state of being committed, the degree of obstruction of performance of official duties due to the instant crime, etc., the quality of the instant crime is not good.

However, the Defendant recognized the instant crime and reflected the mistake.

In 2013, only the defendant has been punished for a crime related to violence.

The age, character and conduct, health conditions, home environment, motive for committing crimes, and crimes of defendants.

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