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(영문) 창원지방법원 2015.04.07 2014고단3392
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:30 on November 27, 2014, the Defendant did not pay the drinking value at the Cnodes bank located at the window B of Changwon-si, and was urged by the Defendant to pay the drinking value and to return home from the police officer E, who is a police officer belonging to the D District Unit, dispatched upon receipt of a report, and received a recommendation to return home. The Defendant: (a) “I am, I am, I do not am, I do not am, I do not interfere with, I do not am.”; (b) I am the chest of E, and ambling the fat.”

Accordingly, the defendant interfered with the legitimate execution of public duties concerning the protection of the people's lives, bodies, and property of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. In order to establish the legal order of the country of reasons for sentencing under Article 62(1) of the Criminal Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is against his/her own mistake, the fact that the defendant has no record of crime exceeding the fine, and other factors of sentencing as shown in the arguments, such as the age, character and conduct, the environment of the defendant, the circumstances after the crime, etc.

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