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(영문) 창원지방법원 마산지원 2015.01.28 2014고단1164
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2014, at around 03:47, the Defendant: (a) called “Cju shop” located in the Changwon-si, Changwon-si, Changwon-si B, called “112 reporting center,” and called “B, within the building.”

Therefore, the police officer E and the security guard F of the Msan Central Police Station found the defendant at the above location while searching the location around the base station where the reporter's cell phone was sent.

Around 04:20 on October 22, 2014, the Defendant, upon receiving a report from the above E and received questions about the details of the report, etc. from the above E, and the Defendant expressed to E, “A fright of bitch bitch bitch bitch bitch bitch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xle, etc.). On the same day on the same day, the Defendant assaulted the said E’s a flagrant offender who was arrested and investigated as a suspect of obstruction of the performance of official duties at the D box located in Changwon-gu, Changnam-si, Changnam-si, and tried to die.” The Defendant took the Defendant’s head fatch fatch knch m.

As a result, the defendant interfered with the legitimate execution of duties concerning the police officer's duty to report and leave.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 136 (1) of the Criminal Act;

1. Suspension of execution: Reasons for the sentencing of Article 62 (1) of the Criminal Act [Scope of Recommendation]: The area of mitigation of performance of official duties (one to half months): The area of mitigation of performance of official duties (special mitigation of official duties): Non-execution of punishment (decision of sentence): Imprisonment with prison labor for four months, suspension of execution of one year (see, e.g., reflectment and agreement with the victim); and

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