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(영문) 창원지방법원 통영지원 2018.03.29 2018고단73
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2017, around 00:05, the Defendant reported that a drunk person was not at a taxi without paying a taxi fee at the front of B 213 east-si, B, 2013, and received a recommendation to return home from a police officer D belonging to the police station C, the Defendant called out, and the Defendant was able to receive a recommendation to return home from a police officer D, who was called out.

The Meren’s Mereh’s Mereh’s Mereh’s Mesta, and the said D’s vegetable at one time by hand.

Accordingly, the defendant assaulted a police officer to interfere with the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A witness statement of E;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties 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 of the Social Service Order Criminal Act is that the police officer’s responsibility for the crime of this case unfairly infringed on the performance of official duties of the police officer is minor;

subsection (b) of this section.

The punishment as ordered shall be determined by taking into consideration the following factors: the degree of assault committed by the defendant against a police officer, the fact that there is no record of punishment for obstructing the performance of official duties; the time of and reflecting the crime in this case; the defendant's age, sex, environment, motive and circumstance of the crime; and various conditions of sentencing as shown in pleadings, such as the circumstances after the crime, etc.

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