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(영문) 창원지방법원 진주지원 2020.04.08 2020고단271
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

Around 02:00 on January 23, 2020, the Defendant entered convenience points in Jinju-si B while under the influence of alcohol, and “I cannot find any house. I cannot find any house. I cannot request the police. I will change the police.” The Defendant was unable to resist, and reported 112 employees of convenience stores.

At around 02:28 on the same day, the Defendant heard the horses that return to the house from police officers, including the police officer E, who was dispatched after receiving a report, before the above convenience store, and assaulted E in drinking, by stating that “Apatched on the old day, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife).”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of each photograph, 112 Reporting List;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the obstruction of performance of official duties according to the sentencing guidelines shall be limited to the basic area of the obstruction of performance of duties and the coercion of duties, six months to one year and six months;

2. Recognizing the determination of sentence of sentence.

In addition, the degree of violence, circumstances after the crime, etc. shall be considered.

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