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(영문) 창원지방법원 통영지원 2014.11.06 2014고단782
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On July 1, 2014, at around 05:15, the Defendant: (a) expressed a bath to C, the circumstances leading up to the situation where C, who was a member of the Gyeongnam Police Station B District, called the Defendant’s separate assault case, was dispatched to the Defendant’s report, and (b) expressed that C, she would be able to look at the details of the report; and (c) he would be able to shot, cut off the building of a quidon.

In light of the background C’s warning that the Defendant may be arrested as a flagrant offender if he continues to engage in a desire, the Defendant committed assault to the Inspector C, such as: (a) “I sway.”, “I kn the inside as an official performance;” (b) I am sound; and (c) B knife C’s both arms and knife, and knife C with his multi-functional hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to investigation reports (limited to attachment of photographs), photographs;

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

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

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties [decision of sentence] [Determination of sentence] Defendant’s act of assaulting a police officer in the course of performing official duties and obstructing his/her official duties should be criticized. However, Defendant’s mistake is divided, and there is no criminal record exceeding fine, and other various sentencing conditions indicated in the records, such as the Defendant’s age, character and behavior, environment, motive for committing the crime, circumstances after committing the crime, etc., shall be determined as per the order.

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