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(영문) 창원지방법원 2013.08.13 2013고단1107
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around 23:10 on April 22, 2013, the Defendant used D and Si expenses within the “Cial Points located in Kimhae-si B”, and used assaulted F, the police officer, who received a report and received a request to present his/her identification card from the E-district of the Kimhae Police Station E-district of the Kimhae-gu Police Station, who was a police officer and received a request to present his/her identification card, by the F., “N. N., I., I., I., I. am on the right side kne, by one-time sending F’s back-to-face.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.

around 16:15 on May 2, 2013, the Defendant, “2013 Man-Ma1467,” expressed that “A police officer, who was in charge of filing a report, requested accompanying the earth to listen to the circumstances of the instant case from the police officer of the Kim Sea Police Station E District of the Kim Sea Police Station, who was called by the Defendant after receiving a report of 112 that the Defendant knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

Summary of Evidence

"2013 Highest 1107"

1. Statement by the defendant in court;

1. F’s statement of the police station: “2013 high-ranking 1467”;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the I;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);

1. The crime of this case on the grounds of probation and community service order Article 62-2 of the Criminal Act is a crime of assaulting a police officer who is performing official duties in a short period of two times within the short term, and thus, the nature of the crime is not good. Therefore, the defendant has to be punished strictly.

However, there is no record of committing the same kind of crime except for this case, and the defendant.

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