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(영문) 창원지방법원 2020.05.07 2020고단608
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 19, 2019, at around 23:00, the Defendant attempted to enter the victim’s residence, such as, under the influence of alcohol, the victim C (the 55-year-old age), who is a spouse living in the counter B of Chang-si, Chang-si, who was the spouse of the victim (the 55-year-old age), was living. The Defendant attempted to visit the victim’s residence, such as, under the influence of alcohol, she did not open the entrance, but did not open the door, and she attempted to open the entrance by hand. However, the Defendant reported 112, and failed to bring the entrance to the victim’s residence.

2. On December 19, 2019, on December 23:15, 2019, the Defendant assaulted the police officer’s body with the left hand, and the breath of the breath of the police officer’s breath, who received a report of 112 and received a request for returning home from F, a police officer belonging to the Changwon Police Station E District Unit of the Changwonwon Police Station E District, which was called “I would go home and abroad?”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement and C’s statement concerning F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 322, 319 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of attempted intrusion upon residence, the choice of imprisonment), and the choice of a sentence concerning criminal facts (the point of obstruction of performance of official duties and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including confession, the fact that the victim and the victimized police officer do not want the punishment of the accused, and the fact that there is no same criminal power to the accused);

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

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