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(영문) 창원지방법원 마산지원 2018.05.30 2018고단408
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 15, 2018, the Defendant was under the influence of alcohol in front of the “C Hanwon” located in the Haak-gun, Chungcheongnam-gun, Haak-gun, Haak-gun on February 15, 2018, and “A person under the influence of liquor” was under the influence of alcohol on the street. The Defendant’s “a person under the influence of liquor,” upon receiving a 112 report, was under the control of the police box affiliated with the Haak-nam Police Station D police box called, and the police officer, who was solicited to return home from the police officer

Before the patrol car, the police saw that they should die, the police saw that they were 3 times from 2 to 3 times, and the chest part of E was able to be removed from the above E by blocking the front of the patrol car.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (to determine that the defendant was not in a mental or physical loss or mental and physical weakness under the influence of alcohol at the time of committing the instant crime);

Application of Statutes

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the same as that of the defendant.

However, in consideration of the fact that the defendant's mistake and reflects the depth, and the fact that the damaged police officer wanted to take the vessel's wife, the punishment as ordered shall be determined.

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