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(영문) 창원지방법원 2017.04.19 2016고단3770
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On September 27, 2016, around 15:15, the Defendant reported to 112 the Defendant, before the Kimhae church located in Seo-dong 177-4, the price problem of the health food purchased by the Defendant.

The police officer belonging to the police station located in the Kim Sea, who was called upon the above report, listened to the details of the report, and explained the defendant as a civil issue. The defendant was faced with the right shoulder of the above D one time with a bad hand and caused the fraud at the police station.

d) why the words are not entered;

The author tried to see "I will see, I will see, I will see, I will see, I will see, and even if the above D asked to present an identification card, I would like to see, continue to boom, I would like to see, by hand, the above D's hand.

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

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each police statement made with respect to D, E, and F;

1. The defense counsel’s assertion regarding the defense counsel’s assertion in the 112 Report Processing Table alleged to the effect that the Defendant was in a mental and physical weak condition under the influence of alcohol at the time of the instant crime. However, in light of the background and method of the crime, Defendant’s behavior before and after the instant crime, etc., which can be recognized by the court by comprehensively taking into account the evidence duly adopted and examined, the Defendant was in a state of lacking ability to discern things or make decisions,

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant repents in depth and reflects his mistake, there are some circumstances to consider the motive and circumstance leading to the instant crime, and the defendant has so far.

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