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(영문) 창원지방법원 마산지원 2016.10.26 2016고단819
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 01:50 on August 15, 2016, the Defendant: (a) received 112 report from the Masan-dong Police Station D police station located in Changwon-si, Busan-si; and (b) received the notification of 112 that “A son will die; hereinafter the same shall apply); and (c) received the notification, the police officer of the Mapo-dong Police Station D police station, who is a police officer belonging to the Masan-dong Police Station D police station, voluntarily moved to the said police box and voluntarily moved to the said police box; and (d) was pushed off E with her chest while she was driven from the patrol car, while she was traveling from the patrol car, and she was expressed to the her head as her head.”

As above, the Defendant interfered with the police officers’ legitimate performance of their duties concerning crime prevention, investigation, and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute to statement of E and F 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 suspension of execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties [decision of sentence] 6 months of imprisonment, 2 years of the suspension of execution (see, e.g., Supreme Court Decision 6 months of 6-1-1-4 months of 6] and 2 years of the suspension of execution (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006)

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