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(영문) 창원지방법원 마산지원 2014.09.17 2014고단656
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2014, at around 00:15, the Defendant: (a) 00:15 on June 12, 2014, at the Defendant’s residence located in the Haban-gun B, and (b) on the patrol staff D and slope E belonging to the Haban Police Station C District of the Haban Police Station who was called upon receiving a report of domestic violence, the Defendant obstructed the police officer’s legitimate performance of duties by using sound, such as “Iba, but does not enter the sub-fighting without permission by the police.”

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] There is no basic area (six months to one year and four months) (special person) of the obstruction of performance of official duties (the decision of sentence] (the decision of sentence), six months of imprisonment, and two years of suspended execution (the two years of suspended execution, etc.)

1. On June 11, 2014, at around 23:30, the summary of the facts charged, the Defendant assaulted the victim by taking the victim’s cell phone and boomed breath by gathering sound from the victim F (at the age of 57) who is the Defendant’s wife by telephone from the victim F (at the age of 57), on the following grounds: (a) he saw that he was able to drink, and cut off the phone; and (b) he was able to get the victim’s cell phone and breath by gathering the breath of the Defendant’s cell phone and breath on the floor; and (c) taking the part of the victim’s wall expected to drink and take the part of the wall.

2. Reasons for dismissing the public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act and Article 260 (3) and (1) of the Criminal Act.

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