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(영문) 창원지방법원 2016.01.14 2015고단2740
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 29, 2015, at around 04:00, the Defendant saw the disturbance, such as throwing at the floor of the dispute at the singing room located in Kimhae-si B. On September 29, 2015, the Defendant saw that the slope E belonging to the Police Station D District Unit of the Busan Police Station called “spout or A” when he gets home to the Defendant, and gets sprinked for the Defendant, and sprinke E was sprinked once.

As a result, the defendant assaulted a police officer, thereby obstructing the police officer's legitimate execution of duties concerning the dispatch of a report.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and E;

1. Application of the Acts and subordinate statutes governing the criminal place

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

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

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act / [Scope of Recommendation] There is no person who has the basic area (from June to January 4) (the special sentencing sentencing person) of the type 1 (the interference with the performance of public duties and the coercion of duties) [Judgment of sentence] Inasmuch as the defendant has obstructed the legitimate performance of public duties by exercising violence against police officers dispatched at the main point of the new wall, the crime is not easy, and the fact that the defendant has a number of criminal records, including the same crime, is disadvantageous to the defendant: Provided, That the execution of a sentence shall be suspended on the condition of social service, considering favorable circumstances, such as the fact that there is no criminal record exceeding the fine and the fact that there is no error among the defendants, the execution of the sentence shall be suspended

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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