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(영문) 창원지방법원 2014.07.22 2014고단1218
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, 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 07:00 on May 18, 2014, the Defendant was under the influence of alcohol on the first floor of the Damon Building, a 43-lane, Changwon-si, Sungwon-si, Sungwon-si, Madro, and 43-lane, and was under the influence of the Defendant, and was under the control of D, who is a police officer belonging to the Changwon-gu Police Station C District District, called the police officer belonging to the Changwon Jungwon-gu, who was called upon receipt of a report, and was under the control of D, who was under the influence of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

2. In order to establish the legal order of the country with the reason for sentencing under Article 62(1) of the Criminal Act (a favorable consideration among the reasons for sentencing below) and eradicate the light of the public authority, there is a need to strictly punish the obstruction of performance of official duties. In light of the fact that there is a need to strictly punish the crime.

However, considering favorable circumstances, such as the fact that the defendant has mistakenly recognized and reflected the defendant's mistake, the fact that there is no criminal record exceeding the fine, etc., the punishment shall be determined as ordered, taking into consideration the background of the occurrence of the crime in this case, the degree of violence, the character, conduct and environment of the defendant, etc.

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