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(영문) 창원지방법원 통영지원 2017.01.19 2016고단1671
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 1, 2016, the Defendant: (a) reported on October 1, 2016, that a drunk person was under the influence of alcohol in front of the C building in the street; and (b) on the ground that, upon receipt of a report from 112, the head of the Dong-gu Police Station D District of the Dong-gu Police Station D, called up, asked the Defendant for personal information; and (c) on the ground that:

The bath theory was made as “a dogk,” and was used as a flab by cutting his flab, and flabing his flab, with a blab.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The basic area (from June to January 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to April) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. It is not good for the defendant to commit the crime of this case committed by drinking for specific reasons for sentencing, and the defendant's mistake is against his own will and the defendant has not committed the same kind of offense. It is so decided as per Disposition on the grounds that the punishment is determined by taking into account the defendant's age, sex, environment, circumstances leading to the crime, means and result, circumstances after the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime.

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