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(영문) 창원지방법원 2015.10.08 2015고단1917
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 11, 2015, the Defendant: (a) around 01:45, at the top of the package of the package of the victim D (year 44) in front of the Seongbuk-gu, Sungwon-si, Sungwon-si, the Defendant: (b) had refused to pay by credit card; and (c) had the victim’s head at one time by hand.

2. At around 02:05 on May 11, 2015, the Defendant: (a) took a common bath to avoid a disturbance from the police officer F of the Changwon Police Station E District Unit of the Changwon Police Station called out after receiving a report that the Defendant avoided a disturbance on the packing cream; and (b) took one time of the face of the police officer G to put him/her on the face of the defect that he/she tried to make a recording.

As above, the Defendant assaulted a police officer to interfere with the legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act and the choice of imprisonment for the crime;

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

1. For the reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Act on the Punishment of Crimes of Article 1 (Scope of Obstruction of Performance of Official Duties) / [Scope of Recommendation / [Scope of Violence] No Second Crimes of No Basic Field (6 to 1 year and 4 months) / [the scope of Recommendation ] Crimes of Type 1 (General Violence) / No Basic Field (2 to 10 months) / The scope of final sentence due to multiple aggravated crimes without a special person / 10 / June 1 year / 19 [Determination of Sentence ] Decision 6-1 year and 19 months / Since a defendant assaulted and dispatched the owner of a motor vehicle in the field of drinking alcohol and interfered with the legitimate execution of duties by a police officer called out: Provided, That considering

(b)the age, character and conduct, home environment and motive for the commission of the offence.

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