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(영문) 창원지방법원 2020.09.10 2020고단195
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2019, around 10:33, the Defendant: (a) received a 112 report from the Jinhae-si, Jinhae-si B to the effect that “the drunk person shall escape from disturbance; (b) was urged to return home from E in the circumstances belonging to the D Zone of the Jinhae Police Station, which called “the person under the influence of alcohol,” and was traveling along with the above E; and (c) obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, the F’s investigation report, and the application of photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Criminal Act shall be taken into consideration, including the fact that a person has been convicted of the same offense

1. Probation and medical treatment order Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody, etc. Act (Matters to be observed to obtain medical treatment on proof of alcohol existence and violent inclinations to prevent recidivism);

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