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(영문) 창원지방법원 2018.08.09 2018고단1397
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 05:10 on May 5, 2018, the Defendant: (a) called “C cafeteria in Kimhae-si B” on the ground that the Defendant: (b) on the ground that, under the influence of alcohol, the customer was forced to smoke in the restaurant from a policeman affiliated with the D police station D police station, who was called by the Defendant after receiving a report of 112 that the customer avoided the disturbance; and (c) on the ground that he was forced to smoke in the restaurant, the Defendant took the face of the above E by her head while she took a bath, and her hand took the face of the E.

Accordingly, the Defendant assaulted a police official who is performing legitimate duties with respect to the handling of 112 reported cases, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of Chapter 1 to CDs (cam dynamics);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, with the reason for sentencing under Article 62-2 of the Criminal Code of the community service order, was a person who had been punished once due to damage to public goods, etc. and was dispatched to the police station after receiving 112 a report, and exercised violence while taking a bath to perform legitimate public duties.

However, the defendant shows that he knows and reflects his wrongness.

In addition, it seems that the police officer has tried to find several times after the case.

The punishment as ordered shall be determined in consideration of the various circumstances that form the conditions for sentencing, such as the defendant's age, sex, environment, family relations, criminal records, background of the crime, and circumstances after the crime.

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