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(영문) 창원지방법원 2016.07.20 2016고단1363
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On April 26, 2016, around 23:15, the Defendant: (a) committed assault, such as flaging a disturbance, such as having a glass bottled at the house, which was reported by 112, on the ground that the Defendant was living together by the Defendant, who was on the second floor of Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si; (b) Domen affiliated with the police box of the Changwon-gu, Police Station C, which called “A son, who is not necessary to know about this matter,” stating that “A son, who was called for the Defendant, flag, was fladding and pushed him.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (from June to one year and four months) (the person subject to special sentencing] [the decision of sentencing] [the decision of sentence], taking into account the following circumstances, such as the age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., as indicated in the records of this case, the sentence is determined as per the disposition.

An unfavorable circumstance: A normal situation that is advantageous to the fact that no agreement has been made with the victim: The fact that there is no other criminal history in addition to the one-time fine.

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