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(영문) 창원지방법원 거창지원 2014.09.17 2014고단190
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

At around 11:20 on June 3, 2014, the Defendant, while under the influence of alcohol, visited the problem of taxi expenses at the C District of the Seocho-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City, by agreement with the taxi engineer, threatened nine police officers, including D, developments, E, background F, G, security guards, I, I, slope J, slope J, slope J, slope K, police officer L, etc. to the extent that he was under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. The circumstantial statement of the offender;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of CDs, such as video recording images of CCTV recorded on the suspect's surface of committing the crime);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances, such as the confession and the fact that there is no record of committing a crime for the last thirty years) of the Suspension of Execution [Scope of Recommendation] Where the degree of assault, intimidation and deceptive scheme is insignificant (a person who has been specially mitigated) in the basic area (6-1 year and April) of the obstruction of performance of official duties (a person who has been subject to special mitigation) / Where there are many public officials who have suffered damage (a type 1)

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