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(영문) 창원지방법원 2015.09.16 2015고단1638
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 13:30 on April 3, 2015, the Defendant: (a) heard a broadcast that “I am on the scambling of a bicycle under the influence of alcohol” at the patrol car belonging to the police box of the Jinhae Police Station B, who was followed by the Defendant, going home while riding a bicycle in the influence of alcohol; and (b) obstructed the Defendant by setting up a bicycle at the center of the road and preventing the above patrol car from passing.

As above, the Defendant: (a) set up a bicycle and obstructed the course of the patrol car; (b) followed the patrol car by C, on the ground that he was “fested” on the ground that he was franked from the patrol car, and assaulted by C, such as getting off the safety appearance used for his head, and she was satisfing off C’s arms.

As a result, the defendant received 112 reports and obstructed the legitimate execution of official duties concerning crime prevention and maintenance of order of police officers dispatched.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of suspect, bicycle photographing statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-6 months), and no person [special person] [decision of sentence] State’s legal order and order to eradicate the light of public authority, it is necessary to strictly punish crimes of obstruction of official duties.

However, considering favorable circumstances, such as the fact that the defendant reflects the mistake, the defendant has no record of crime exceeding the fine, the degree of obstruction of performance of official duties is not serious, and other factors of sentencing such as the circumstances of the crime of this case, etc., the punishment shall be determined as ordered by taking into account all the factors of sentencing.

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