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(영문) 창원지방법원 2018.04.18 2017고단4153
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around December 30, 2016, at the front of the window B at Changwon-si, the Defendant: (a) received a report from 112 that “the Defendant is under the influence of alcohol”; (b) expressed the victim’s desire to be urged to return home from the victim warning D belonging to the police station C of the Changwon Police Station C among the Changwons dispatched after receiving a report from 112 that “the Defendant is under the influence of alcohol; (c) while reporting the reporter E’s compliance, the Defendant expressed the victim’s desire to read “a Chewing,” “a Chewing,” and openly insulting the victim.

2. The Defendant interfered with the performance of official duties at the same date, time, and place as indicated in the preceding paragraph, and at the same time, obstructed the police officer’s legitimate performance of duties concerning the handling of reports by the police officer, by putting the Defendant back to the 112 patrol team, and putting him/her back to the face of the said D.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 311 and 136 (1) (Obstruction of Performance of Official Duties) of the Criminal Act concerning the selection of punishment, imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to observe and attend a lecture or to attend a community service order: A sentence of recommending that the sentencing under Article 62-2 of the Criminal Act obstructs the performance of public service by adding the basic aggravation of the classification of types of punishment between August and June 1 to June 4 of a year: Neither relevant person: A sentence of imprisonment with prison labor for a term of one year: Imprisonment with prison labor for a term of six months: a suspended sentence of imprisonment for a term of two years; a term of two years; a term of two years; a term of protection observation; a term of 40 hours for a community service order; a cause of a aggravation of 120 hours for a term of damage: A reason for a mitigation of damage: A confession; a confession for repeated crimes; a need for medical treatment and assistance;

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