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(영문) 창원지방법원 2016.10.06 2016고단2781
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 00:40 on July 4, 2016, the police officer B, who was a police officer belonging to the O of the Changwon Police Station, and the police officer C, who was under the order of 112 to report that “no resident may appear” was called and processed to the OOO of the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and tried to return to the police officer. At the △△ Dong, next Dong-dong, the female sound was called to the OOO of the same apartment △△dong, which was the defendant’s residence, and sent to the defendant and his cohabiting E, and confirmed the occurrence of sound, and returned to the above police box.

The Defendant reported to the effect that “a police officer was present during several times from 01:35 to 04:15 on several occasions,” and provided explanations related to the dispatch from the police officer B, however, at around 04:30 on the same day, the Defendant sought to the PO box of the Changwon Police Station, which is located in the F of Sungwon-si, Changwon-si, Changwon-si, Changwon-si, and sought from B and C during the waiting service for the police box, and “a police officer was forced to make a new attack on the new wall,” and “a police officer will not be forced to commit a crime.”

In order for B to understand the Defendant and return home, the Defendant: (a) was towed out of the police box, and the Defendant was pushed down with B’s arms during the police box; and (b) was faced with B’s arms during the police box; and (c) the body of B during the police box during the police box was faced with him.

Accordingly, the defendant assaulted police officers and interfered with legitimate execution of duties, such as waiting for police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B and C;

1. Application of the Acts and subordinate statutes to the criminal place, each internal investigation report, and each investigation report;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Social Service Order Act [the scope of recommendations] is the obstruction of performance of official duties.

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