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(영문) 창원지방법원 2017.06.22 2017고단1090
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2017, Defendant A was urged to return home from J to a police officer belonging to the International District of the Kim Sea Police Station I Station of the Kim Sea, who was dispatched by the Defendant after receiving a report from 112, that he would escape from a disturbance, such as sweeting the table, sweeting a sweet, sweeting, sweeting, sweeting, etc., of “H” located in G in Kimhae-si.

Nevertheless, the Defendant, who was under the influence of alcohol and carried into the foregoing drinking house again, and had concerns over interference with the duties of the above J, was the Defendant, and the Defendant committed assault, such as: (a) the police called “the head of the police,” and (b) threatening the Defendant’s chests of the J three times, and threatening him to drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. Defendant B, at the above date and at the above place, was arrested of a flagrant offender A who was on suspicion of interference with the performance of the above official duties, and was loaded on the patrol vehicle to go to the district. The Defendant B expressed his bath to K in the circumstances belonging to the I District of the police station in the Kim Sea, stating that “I am flag without this ring, I am flag, I am flag, I am am flag, I am am flag on the patrol vehicle, I am ambling off on one occasion and threaten K with its head when I am to drink.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to J, K, L, M, and N;

1. Reporting on occurrence of a disaster (Obstruction of performance of official duties);

1. Application of the Acts and subordinate statutes on closure photographs;

1. Relevant Article 136 of the Criminal Act and Article 136 (1) of the same Act concerning criminal facts (the Defendants’ choice of imprisonment)

1. Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing) of the suspended sentence

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order (Defendant A) and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Criminal Act are as follows: the following circumstances and the Defendants’ age, sex, environment, motive, means and consequence of the crime, etc.

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