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(영문) 창원지방법원 통영지원 2019.06.13 2018고단921
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

At around 15:20 on July 27, 2018, the Defendant, at the convenience point of “C” located in C, who works in that place, she saw that “I am a police officer by sounding an emergency bell that is located in the emergency bell.” On the other hand, the Defendant, upon receiving the said employee’s 112 report, expressed that I am home to the head E, etc. of the Gyeongnam Police Station D District Unit of the Gyeongnamnam Police Station called “I am home, I am, I am, I am, I am, and I am am on the left hand.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes to photographs of victimized police officers;

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

1. A suspended sentence under Article 62(1) of the Criminal Act shall be determined as the order, taking into consideration the circumstances leading to the crime for sentencing under Article 62(1) of the Criminal Act, the degree of assault against police officers, the time of and reflecting the crime, the fact that there is no record of the same kind of crime, and the defendant's age, character and conduct, environment, health conditions, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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