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(영문) 창원지방법원 2017.07.19 2017고단1569
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On February 25, 2017, around 01:25, the Defendant did not pay the drinking value, such as drinking, drinking, drinking, and pushing, to E at the F main points of the operation of the E in Kimhae-si, Kim Jong-si. The Defendant did not pay the drinking value. The Defendant was called upon receipt of a 112 report and called out to the police officer H(26 years old), I, J, K, etc. of the police officer belonging to the G District in the House of the Busan Police Station.

It does not have a drinking value.

It was intended to make a bath, such as "Is children," and refused to pay the drinking value.

Accordingly, the above police officers arrested the Defendant on charges of fraud, and took the Defendant on the charge of the commission of the crime, and assaulted the above police officers with the desire to “Ap. h. f. f. f. f. f. f. f. f. f. f.,” and the Defendant f. f. f. f. f. f. f. f. on the patrol vehicle, the Defendant f. f. f. f. f. on the left left side of the

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A photo of the damaged part;

1. Application of the Acts and subordinate statutes to cover booms video images;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant repents in depth and reflects his mistake, there are some circumstances to consider the motive and circumstance leading to the instant crime, and the fact that the defendant agreed with the pertinent police officer, which is favorable to the defendant.

On the other hand, the obstruction of the performance of official duties not only undermines the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the general public's safety, so there is a need for strict punishment corresponding thereto, the defendant has been punished twice even before, and there are many other records of punishment as violent crimes.

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