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(영문) 창원지방법원 2016.04.28 2015고단3352
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On September 24, 2015, the Defendant: (a) around 02:30 on September 24, 2015; (b) the police officer E in charge of the military police station’s Oscopa, sent out after receiving a report of 112 on the assault-related 112; and (c) the Defendant attempted to verify the Defendant’s personal information; and (d) the said police officer “Nin or scopa;”

In this regard, I expressed the desire to "Ieee", and the above circumstances E prevented him from returning to the Republic of Korea, and took three times the left part of the above circumstances E due to the defect and drinking.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person who has the basic area (from June to January 1) (the person who has been subject to special sentencing) (Article 62(1) of the Criminal Act) (Article 62(1) of the Act on the Suspension of Execution [No person who has been subject to special sentencing] [Determination of sentence] Inasmuch as the defendant interfered with the execution of official duties by exercising violence against police officers who are performing legitimate official duties, the crime is not less severe, but the execution of the sentence shall be suspended considering the fact that the defendant was the first offender

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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