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(영문) 창원지방법원 2016.06.07 2016고단1354
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 4, 2016, at around 04:17, the Defendant reported 112 the “C commercial building” in front of the “C,” which is located in Kimhae-si B, on the following grounds: (a) but, on the ground that a police officer arrived late at the site, the Defendant used the “C commercial building on the fourth floor,” the Defendant used the “F and G, who belongs to the E District Team in the Kimhae-gu Police Station, the police of the Republic of Korea,” and used the “F and G, other than this, the police of the Republic of Korea, but the bit of bitch bitch son is off,” and used the “C commercial building,” to take a bath at this point, and fluent the right slope of H, who sphere and sphere it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the F and G respective Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no person [the person subject to special sentencing] in the basic area (from June to January 4] [the decision of sentencing] [the person subject to special sentencing] [the fact that an act of obstructing the performance of official duties by assaulting a police officer in the course of performing official duties by a defendant is highly necessary for the punishment; the fact that an injured police officer does not agree with the injured police officer] the elements for sentencing that are disadvantageous to the defendant; the defendant confessions and is against the defendant; the fact that the defendant has no history of punishment exceeding the fine and the same kind of punishment are favorable to the defendant; the sentencing factors that are favorable to the defendant; the age, sex, environment, motive and background of the crime; and the circumstances after the crime, etc., shall be determined as the same as the disposition.

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