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(영문) 창원지방법원 2016.04.06 2015고단2992
공무집행방해
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 October 25, 2015, the defendant 102:50 on October 25, 2015, the defendant was able to sit down on the front of the apartment 101, because he left the Sungsan-gu, Sungsan-si.

A person is written.

"A" means that "A police officer of the police station of the 112 police station from the Changwon, who was called upon the report, was found to be the defendant and to assist him in returning home," and the defendant expressed to B "a sprink . . . . . . . . . . . . . . . . .. . .. . . f. f. , who was sent to the police station of the 112 police station. . . . . . . .. . . .

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. Application of the police statement protocol law to B

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Criminal Act [type of crime]: Type 1 (Interference with and Compelling of the performance of official duties) (the scope of recommending punishment): None of the persons who are in charge of the performance of official duties (the scope of punishment): Basic area (the period between June and January 4) / [decision of sentence] The defendant should be subject to severe punishment because he/she exercised violence against a police officer who is carrying out legitimate performance of official duties and his/her punishment is not less than that of the crime. However, the defendant reflects his/her mistake and repents, the defendant has not been convicted of the same offense and has only one time before and after the fine, and other factors of sentencing, such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., shall be considered and determined as ordered.

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