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(영문) 창원지방법원 2016.10.28 2016고단2680
공무집행방해등
Text

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

1. Around 05:30 on April 19, 2016, the Defendant interfered with the business of the victim C in the D Hospital emergency room in Kimhae-si, where the victim C works as a nurse, and among the Does that the victim was receiving medical treatment, the victim expressed the victim’s bath on the ground that “the victim was satisfying, sating, and satisfying,” and that the treatment is being performed, return to the emergency room, and satisfy, and interfered with the victim’s emergency room’s duties by force for about 30 minutes.

2. At around 06:25 on April 19, 2016, the Defendant: (a) was arrested as a flagrant offender in the crime of interference with business for the same reason as Paragraph (1) at the F District of the Kimhae Police Station located in Kimhae-si, Kimhae-si; (b) tried to see a slope G, a police officer belonging to the said district forces, in order to restrain G from doing so; and (c) intended to fix the Defendant by cutting the wall of the said district forces, and used the face of G on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and investigation of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 314(1) and 136(1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. The final sentence scope due to the aggravation of punishment under Article 62(1) of the Criminal Act for the reasons for the sentencing of Article 62(1) of the Act on the Suspension of Execution and Punishment of Specific Crimes for the No. 2 Crimes for which no basic area (f.i.e., June to one year and six months) (f., interference with business) (f.i., the scope of recommending punishment) exists (f.e., obstruction of performance of official duties) (f., the scope of recommending punishment) [f.i., obstruction of performance of official duties], the basic area (f.i., June to one year and four months) of the obstruction of performance of official duties (f.i., the scope of recommending punishment]: 6 to two months (f.i., the

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