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(영문) 창원지방법원 2016.05.18 2016고단133
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 30, 2015, from around 16:50 to 23:05 on the same day, the Defendant was under the influence of alcohol in front of C Apartment-si, Changwon-si, his residence, 301, 309, and 209, the lower part of 301, 309, the lower part of 209.

On November 30, 2015, at around 23:10 on November 30, 2015, the Defendant received a report of 112 related to the above disturbance and received the said apartment 301, 301, 301, 301, and D’s police box belonging to the police station of the Changwon, who was called up to the 301, 301, the Defendant “

“Aus I have made a false report” to D. D.

I am I am I am I am I am I am I am I am I am I am I.

” 고 말하면서 손으로 D의 멱살을 잡아 수회 흔들고 발로 D의 무릎 부위를 1회 걷어찼다.

As a result, the Defendant was arrested as a current offender who interfered with the performance of official duties on November 30, 2015 and boarded at the back seat of 112 patrol units, and was carried out with the above PO police units, and was able to turn the D's back wing part within the patrol police units, and was able to turn off the D's back wing part and left for approximately three minutes.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 reported case, and at the same time, D had a large-amount-sum medical care for about two weeks back to the left-hand side of the court.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Relevant Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [unfavorable circumstances] The fact that there was a record of being sentenced to suspended sentence and fines several times for violent crimes (a favorable circumstance] agreed with the victimized police officer, the degree of injury has not been excessive, and the defendant is not guilty.

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