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(영문) 창원지방법원 2014.06.27 2014고단375
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 25, 2014, around 23:00, the Defendant was subject to disturbance, such as the Defendant’s house located in the 2nd floor of Changwon-si, under the influence of alcohol, was under the influence of alcohol, and attempted to see Do, the owner of the house, and was subject to restraint from the police officer of the Changwon Central Police Station E Zone E District of the Changwon, who was dispatched upon receipt of a report.

Accordingly, the Defendant, by putting the above police officers “Chewing, saluted, saluted,” and breathing the victim’s breath, e.g., having the victim salpted, cut down several times, and KON saluted on the bridge part, causing the victim’s injury such as light breadum, etc. requiring approximately two weeks of medical treatment, and breadly f’s chest.

As a result, the defendant interfered with the legitimate performance of public duties by police officers on the maintenance of public peace and order, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law No. 2-8, 10, and 11 to the evidence list submitted by the prosecutor

1. Relevant legal assistance towards the crime (Article 257(1) of the Criminal Act), the obstruction of performance of official duties (Article 136(1) of the Criminal Act);

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, May 1, 2009) (see, e.g., Supreme Court Decision 2009Da1448, May 1, 2009);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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