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(영문) 창원지방법원 2018.11.22 2018고단2172
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 11, 2018, the Defendant: (a) called the “C” restaurant located in Changwon-si, Changwon-si; (b) called the “C” restaurant located in the Gu; and (c) 112 reported that there was a trial expenses; and (d) took a bath to E, the police box affiliated with the police box in the Gyeongnam-gu, Gyeongnam-gu, Police Station D, which asked for the circumstances of the instant case; (c) assaulted the said E by hand, and assaulted the said F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s bat; and (d)

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The 112 reported case handling department;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, exercised violence while putting two police officers who perform official duties in a legitimate manner.

However, the punishment as ordered shall be determined by taking into account the following circumstances, such as the fact that the defendant was aware of and genuinely against the defendant at the time of committing the crime, the fact that there was no record of punishment exceeding the same criminal record or fine, and the defendant's age, sex, environment, health conditions, circumstances leading to the crime, and circumstances after committing the crime, etc.

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