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(영문) 창원지방법원 2016.04.21 2015고단3324
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 21, 2015, the Defendant: (a) was under the influence of alcohol from a person with an influence in his/her name under the influence of alcohol at a convenience store C located in the Gu, Chang-si; (b) on November 21, 2015, and (c) was sent to the police box affiliated with E and security guards; and (c) on the back seat of the patrol police box affiliated with E and security guards, the Defendant asked other E whether or not he/she would ask for questions where his/her residence is located.

B. I do not refuse to do so.

“In the course of doing so, the head debt of E was scked with both hands, and thereafter the E was scked with hand from E.

Then, at around 22:30 on the same day, the Defendant was divided into the entrance door number of the Gu G and 101 Dong 601, which was known to E as his/her residence, and the Defendant was on the side of the door due to his/her own name, even though the door was not opened.

E의 허벅지와 배를 수회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes accompanying photographs;

1. Article 136 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person who has been subject to special sentencing] in the basic area (from June to April 1] [the decision of sentencing] [the person who has been subject to justifiable sentencing] [the decision of sentencing] because the defendant has used violence to police officers who desire to help the defendant under the influence of alcohol and return home home home, obstructing the legitimate performance of official duties, thereby obstructing the execution of official duties. However, the execution of the sentence should be suspended considering that the defendant's age, sexual behavior, home environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc. were committed, and all the sentencing conditions as shown in the arguments are taken into account.

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