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(영문) 창원지방법원 2013.12.13 2013고단2667
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On August 14, 2013, at around 23:50, the Defendant refused to get off from the front line of D cab on the road located in the Kimhae Police Station C District, which was located in Kimhae-si B, the Defendant obstructed the legitimate execution of duties by assaulting the police officer’s public order by assaulting the said E’s trees by driving off the mobile phone from the Defendant’s mother machine to the Defendant’s wife, and driving off the phone to the Defendant’s wife as the C district. On the other hand, the Defendant was using the mobile phone. The Defendant used the mobile phone. The Defendant used the mobile phone to the above E., “F. v. s. s. pl. s. s. s. s. s. am........”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The execution of a sentence shall be suspended only once, considering favorable circumstances, such as the following: (a) the Defendant’s reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act interferes with the police officer’s legitimate duties by violence; (b) the Defendant committed the instant crime without being aware of the record of having been punished for obstruction of performance of official duties even in 2009; (c) the Defendant’s negligence is contrary to the Defendant’s disadvantage or reflects his mistake; and (d) the degree of the police officer’s assault is not excessive.

It is so decided as per Disposition for the above reasons.

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