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(영문) 창원지방법원 2016.10.20 2016고단2771
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 08:20 on May 16, 2016, the Defendant obstructed the operation of the hospital by means of a large voice, stating that the Defendant requested the employees of the above hospital to reach an agreement on the case of assaulting employees at the hospital at around April 14, 2016, and on the ground that the Defendant did not comply with the demand from the hospital, he/she did not comply with the demand. The Defendant interfered with the operation of the hospital by force on the floor of 30 minutes, such as lying the door on the floor, and interfered with the operation of the hospital by force.

2. At around 08:55 on May 16, 2016, the Defendant obstructed the police officer’s legitimate execution of duties concerning the prevention, suppression, investigation, etc. of a crime by assaulting the Defendant, on the ground that D, who was dispatched to the scene after receiving a report from 112 that the Defendant is prone to a disturbance as described in the foregoing paragraph (1) by asking the Defendant personal information by asking him/her of his/her personal information.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136 of the Criminal Act and the choice of imprisonment for the crime;

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;

1. The reason for sentencing of Article 62-2 of the Social Service Order Act Article 62-2: The scope of final sentence due to the aggravation of multiple offenders who have no basic area (6 to 1 year and 4 months), the basic area (6 to 1 year and 4 months), and no basic area (6 to 4 months) of the obstruction of performance of official duties, shall be limited to one year to 4 years [decision of sentence].

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