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(영문) 창원지방법원 진주지원 2018.03.27 2018고단21
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal records] The Defendant is a person who had five times the total number of violent crimes, such as having been sentenced to a fine of one million won by obstructing the performance of official duties in the same court on May 15, 2013, with a summary order of a fine of two million won for the crime of damaging official documents in the Jinwon District Court on November 12, 2010.

[ 범죄사실] 피고인은 2017. 12. 20. 21:43 경 사천시 C에 있는 ‘D 주점’ 앞에서, 위 D 주점에서 행패를 부린다는 내용의 112 신고를 받고 출동한 E 지구대 소속 경찰관 F으로부터 업무 방해죄로 통고 처분을 받게 되자 화가 나 F의 낭 심 부위를 발로 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A criminal investigation report (at the time of dispatch to the scene), and photographs of the scene;

1. 112 Notification to a department related to the report of the case;

1. A copy of E earth's work site (at night);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of the same kind of force, etc.), and text of judgment;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: Confession of the nature of the crime, majority of the same criminal records, and favorable circumstances: A confession of the crime, reflectivity, or no longer criminal records of the suspension

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