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(영문) 창원지방법원 2018.09.13 2018고단1889
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 28, 2018, the Defendant was urged to return home from C, a police officer, who belongs to the police station B police box in the Jinhae Police Station B, who was called by the Defendant after receiving a 112 report that the Defendant was used on the roads of 110 roads of the first apartment of the 13 subordinate apartment of the 13 subordinate apartment of the Yan-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, Seoul, and the Defendant got out of Korea on 19:40 on May 28, 2018, stating that he was under the influence of alcohol, and she was able to write down two times of drinking with C, and she was able to write off the other fright by hand.

The Defendant continued to board the patrol vehicle at his own discretion and refused to leave the vehicle, and tried to get the Defendant to get the vehicle to get the vehicle back, “I am to the police station and Ra to put him in the house,” and had the character of several times.

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the handling of the 112 reported case by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of each investigation report (No. 3 and 4)

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the sentencing conditions set forth in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as set forth in the following circumstances, and the scope of the recommended sentencing guidelines set forth by the Supreme Court sentencing guidelines (the basic area of the sentencing guidelines set forth in Article 62(1) of the Act on the Suspension of Execution of Duties ( June - June 1): the scope of the recommended sentence set forth in the sentencing guidelines for the commission of sentencing of the Supreme Court.)

The favorable circumstances: The defendant did not have any previous conviction who was sentenced to more severe punishment than fine, made a confession, and divided his mistake, and the defendant seems to have committed the crime of this case by drinking and contingently: In light of the circumstances and contents of the crime, the nature of the crime of this case is not good, establishing the state's legal order and governmental authority.

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