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(영문) 창원지방법원 2017.01.12 2016고단3832
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 15, 2016, at around 16:10, the Defendant: (a) reported that he is driving a drinking, and (b) the Defendant demanded the Defendant to conduct a drinking test due to the circumstances of drinking driving; (c) the Defendant did not drive a drinking, even though the police officer B belonging to the police station located in the Kim Sea, who was called up after receiving a report that he was driving a drinking in front of the Kimhae-dong 269-6 Kim Jong-dong, Kim Jong-dong 269

At the time of subsection B’s escape, the chest of the above B was pushed down by hand, and the above B was pushed down with the Defendant’s arms while carrying out the Defendant’s bath.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no person who does not have the basic area (from June to January 4) (the person subject to special sentencing) [the decision of sentencing] [the defendant's decision of sentencing] because the defendant refused to measure drinking and interfered with the police officer's performance of official duties by exercising violence while refusing to measure drinking, and thus the crime is not less severe: Provided, That the execution of the sentence shall be suspended in consideration of the fact that the defendant was sentenced to a fine once for the crime this type of crime was not the external criminal record and the mistake was divided, and that the police officer who committed the assault did not want the punishment against the defendant, etc.

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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