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(영문) 창원지방법원 마산지원 2018.11.20 2018고단937
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 10, 2018, the Defendant: (a) on the front side of the Masan-si, Changwon-si, Masan-si, the Defendant: (b) “I am out of the male bridge, and walked at the center of the road” means “I am out of the Defendant, who, after receiving a report from 112, intends to go beyond the direction of a slope D belonging to C District of the Msan-dong Police Station C District of the Masan-si, which was called to the site, and who, in the state of drinking, would come up.

"" and "maas, Chewing, dead and discarded" shall be discarded to the police officer on his own while waiting for the defendant's seat.

“In doing so, the face part of the above D was satisfyed once, and the face part of the above E was assaulted once by drinking to the left part of the vehicle.

Accordingly, the defendant assaulted police officers and interfered with their legitimate performance of duties on the handling of reported cases by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of D;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense, respectively;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who interferes with the execution of public duties against a slope D with heavier slope D);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Article 62-2(1) of the Criminal Code of the Social Service Order and Article 59 of the Act on the Protection and Observation, etc. is very serious crime of obstructing the execution of official duties with priority to the reasons for sentencing.

In addition, the criminal defendant has been convicted of violence, including the records of the trial and decision and the records of the suspension of indictment as juvenile protection cases.

Among them, the criminal records of imprisonment with prison labor and the criminal records of suspended execution of imprisonment with prison labor are also three times.

However, since the defendant did not open to the court but committed an act of violence again to police officers and committed a crime in the judgment, it is not necessary to impose a severe penalty on the defendant.

(2).

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