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(영문) 창원지방법원 통영지원 2015.10.06 2015고단757
공무집행방해
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2015, around 20:18, the Defendants reported that there was a disturbance of a pedal in front of the D cafeteria located in the Doo-si, C, and talked that Defendant B would have returned to the site after confirming the situation by the slopeF belonging to the Doo-gu Police Station E District, which was called to the site. Defendant B expressed the above F the said F “scam and the number of the police scams for the police scams”, and Defendant A expressed the reporter “Scams.”

Accordingly, the above F talks that the Defendants would avoid disturbance and go home again, and the Defendant A strongly sealed F’s chest by hand, and Defendant B assaulted F’s chest at once by drinking.

As a result, the Defendants conspired to protect the lives, bodies, and property of the police officers, and interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: A condition unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The crime of this case, which used violence against a police officer who performed official duties, does not have any record of criminal punishment for the same kind of crime (in the case of Defendant B, there is no record of criminal punishment). The defendants are against the above conditions of sentencing, the defendants' age, character and conduct, environment, motive for the crime of this case, circumstances after the crime, etc. shall be considered comprehensively, and all of the conditions of sentencing indicated in the arguments and records of this case shall be taken into account.

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