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(영문) 창원지방법원 마산지원 2015.04.28 2015고단224
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 of the final judgment.

Reasons

Punishment of the crime

On February 21, 2015, the Defendant: (a) around 08:20 on February 21, 2015, around 08:20, and around 753-2, the Cheongnam-gun, the Cheongnam-gun, the Cheongnam-gun, the Defendant, under the influence of alcohol, was softened that the Defendant 112 reported the disturbance of the vehicle parked on the road in front of the Cheongsan Village-gu, the Cheong

While ascertaining the circumstances of the instant case, the Defendant: (a) during the police box belonging to the fleet B police box called to the scene, the Defendant obstructed the progress of the vehicle and obstructed the Defendant who was traveling along the road; and (b) obstructed the Defendant’s body while resisting the Defendant’s arms by towing the Defendant, along with the slope E and slopeF belonging to the said fleet; and (c) assaulted the Defendant’s arms by taking the Defendant’s arms at one time at the right side.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act requires strict punishment for the crime of obstruction of performance of official duties, and the accused has a record of destroying police vehicles. However, the defendant has a history of harming his/her own mistake, and the degree of assault is relatively minor, the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime are committed shall be determined as ordered in consideration of the sentencing conditions indicated in the record.

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