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(영문) 창원지방법원 2020.05.20 2020고단802
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:52 on March 3, 2020, the Defendant: (a) expressed the desire to pay the taxi fee on the front side of the Seongdong-gu Sungdong B apartment, Changwon-gu, Changwon-gu, Seoul Special Metropolitan City, to the police officer D in charge of the police box belonging to the Changwon-gu, Seoul Special Metropolitan City Police Station, who was called after being reported 112, and to pay the fare from E by the police officer; and (b) assaulted the police officer, such as “I am going to the police line, so I am to the police line, I am to the police line, I am to drink.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that it reflects the fact that the punishment of a fine is imposed and that there is only a previous offense);

1. Social service order under Article 62-2 of the Criminal Act;

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