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(영문) 창원지방법원 2017.01.10 2016고단3886
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

At around 00:30 on September 28, 2016, the Defendant assaulted at the front parking lot of 1, 2016, 112, “Absent male who fried to the scene,” and “A police officer belonging to the police station of the Kim Sea, who called to the site after receiving 112 a report, solicits the Defendant to return home by shouldering the Defendant who is in front of a car, and as such, he would be able to go home, as he would go to go to the above C, he would display his arms, and thereby interfere with the police officer’s legitimate execution of duties concerning the handling of the report of 112 case.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the confession and reflect of the defendant, the defendant has no record of force other than the punishment of one fine due to driving under influence of alcohol in 2005, and the circumstances of the crime of this case, the degree of damage, etc.);

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