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(영문) 창원지방법원 진주지원 2019.10.17 2019고단729
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 June 6, 2019, around 23:35, the Defendant, at his own house located in Jinju City, filed a report on 112, stating that “I am dead” at his own house located in Jinju, and was asked by D’s security guards assigned to the scene questions about the circumstances of the occurrence of the instant case, the Defendant: (a) took a bath that “I am dead, I am dead; (b) I am out promptly; (c) I saw D’s mouth from 2 to 3 times; and (d) I am am knife D’s arms and descendants on several occasions, and knife D’s hand.

As a result, 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 made to D by the police;

1. E statements;

1. Application of the Acts and subordinate statutes, such as Chapter 5 of the 112 Reporting and Handling Manual, the service log of a police box, and photographs of the damaged department;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act requires a police officer who is performing official duties to take into account the following: (a) the nature of the crime is bad; (b) the injured police officer wants to punish the defendant; (c) the circumstances and degree of the assault by the defendant; and (d) various conditions of sentencing specified in the arguments of this case; and (c) the punishment as ordered shall be determined by taking into account

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