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(영문) 창원지방법원 2016.12.22 2016고단3725
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who operates the PC in the name of "OPC bank" in Seongbuk-gu, Sungwon-si.

At around 04:31 on November 3, 2016, the police officer D, etc., who was a police officer belonging to the Changwon Police Station, sent to the above PC and confirmed the circumstances of the case from the Defendant after having received a 112 notification order to the effect that “the son would have fleded without paying the fee,” and sent it to the above PC and confirmed the circumstances of the case from the Defendant. As the Defendant was under the influence of alcohol while taking a bath while engaging in violence, the police officer D, etc., who was a police officer belonging to the PO of the Changwon Police Station, returned to the said

On November 3, 2016, the Defendant: (a) taken the police station back to one’s own PC; (b) found it as the O box of the Changwon Police Station in Sungwon-si E on November 3, 2016; and (c) taken the Defendant’s back to one’s own PC; and (d) took the ice (22cc in total length, 10cc in length, and 10cc in length) followed by the Defendant’s back to one’s back to one’s own PC; and (d) took the ice (22cc in length, 10cc in length, and 10cc in part of the clothes).

Accordingly, the defendant assaulted police officers and interfered with the legitimate performance of duties concerning the service of police officers in the situation of police boxes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of photographs by pan-video CDs and caps, accompanying photographs);

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the following) ;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for the sentencing of Article 48(1)1 of the Confiscation Criminal Code [the scope of recommendation] The following circumstances are as follows: First category (the obstruction of performance of official duties/performance of official duties) and the aggravated area (1 to 4 years) [a person under special circumstances] and the threat of group or multiple power or carrying dangerous articles (1 type).

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