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(영문) 창원지방법원 2016.10.12 2016고단2318
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 21, 2016, around 01:21, the Defendant reported “D” in front of “D,” which is located at the window C of Changwon-si, Changwon-si, and, under the influence of alcohol, the Defendant reported 112 of the formula that “a person who drives along the brea line without the breath is opening.”

On the same day, at around 01:30 on the same day, E, a police officer of the Changbu Police Station, who had arrived at the front of the disaster above, asked the Defendant about the particulars of the report, and the Defendant, without any special reason, took a bath twice to E, “E”, and the Defendant, as his hand, was able to see E’s hand hand with a hand-top.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] [Determination of sentence] and no agreement has been made with the victim. The circumstances where approximately three criminal records were committed by violence, including the defendant's age, character and behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., are taken into account, and the sentence conditions indicated in the records of this case are determined as per Disposition.

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