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(영문) 창원지방법원 마산지원 2018.04.25 2018고단279
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

At around 00:03 on January 6, 2018, the Defendant: (a) was drunk in front of Changwon-si, Changwon-si, Masan-si, and was frighting to a third person’s house in front of the establishment of Simsan-si, Masan-si; (b) “A person may find his mother at the house in which he is married and continuously take a level” upon receiving 112 report; (c) the Defendant expressed his desire to the said D, who was asked about the following: (d) the circumstances leading up to the Masan-dong Police Station C police box in the Msan-dong, the head of Simsan-si, who was dispatched after receiving the 112 report, and asked him about the following: (d) “A person was frighting to this fright, she must do so; and (d) was frightd with D’s chest and her arms by hand.”

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with D and F [It is determined that the defendant was not in a mental or physical loss or mental and physical weakness under the influence of alcohol at the time of committing the instant crime];

Application of Statutes

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

1. Although the grounds for sentencing under Article 62(1) of the Criminal Act are inferior to those of sentencing under Article 62(1) of the suspended sentence, the fact that the defendant is against the defendant, there is no record of the same kind or serious crime, and other factors such as the defendant's age, motive, means, and circumstances after the crime shall be considered to be determined as ordered

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