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(영문) 창원지방법원 2019.11.27 2019고단2824
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 2, 2019, the Defendant: (a) around 03:14, at around 03:14, the victim E (the age of 27) who was a police officer belonging to the D Zone D District of the Kim Sea Police Station, called the Defendant at around 112, sent out after receiving a report of 112 by a taxi engineer, arrested the Defendant as a flagrant offender in the crime of assault, and then, (b) sent the victim’s back back to the victim for approximately seven days of treatment.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders, and inflicted injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, F, G, and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act include the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the crime, as indicated in the order.

There is a need to strictly cope with acts that obstruct the performance of official duties by police officers.

In the process of arresting the defendant on the suspicion of assault against the taxi engineer, the crime is heavy in that the contents of violence used to the victimized police officers are not weak and that the police officers suffered bodily injury.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

The injured police officers do not want the punishment of the defendant by accepting the crime of death of the defendant.

A defendant has no record of criminal punishment except for punishment as a fine for other crimes.

The summary of the facts charged in this part of the dismissal of prosecution is that the defendant is in Kimhae-si B at around 02:50 on June 2, 2019.

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