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(영문) 창원지방법원 진주지원 2016.10.26 2016고단751
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 00:00 on June 25, 2016, the Defendant received a report from 112 on the street in front of the building B in Sacheon-si, the Defendant discovered the Defendant, who is adjacent to a plplicated vehicle in the lower condition, and asked the Defendant’s personal information. However, the Defendant refused the Defendant to take a bath against the said D and notify his personal information, and the Defendant’s failure to arrest the Defendant as a flagrant offender of the crime of causing property damage, thereby obstructing the Defendant’s lawful execution of duties concerning the handling of the police officer’s report and the arrest of the flagrant offender by walking at one time the right bucks of the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A list of service days in the C District and reported cases;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is very good for the defendant to commit a crime by assaulting a police officer in the course of performing official duties, the sentence shall be determined as ordered in consideration of the circumstances favorable to the defendant, other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, etc., and the fact that the defendant reflects his/her own crime, the defendant's deep awareness of the crime committed by the police officer, and the police officer does not have the same criminal records and punishment records other than fines

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