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(영문) 창원지방법원 밀양지원 2019.01.24 2018고단417
공무집행방해
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A defendant shall be punished by imprisonment with prison labor for up to 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

At around 19:20 on April 16, 2018, the Defendant found the above frequency house in front of the “C frequency house” located in Geumdong-gu, Busan, and found D workers living together in the past. However, the president did not see D, and caused D to do so. Upon receiving 12 report, the Defendant heard the word “I am back to her house, write off, and talk again, do so, I am again, I am again.” “I see why I am back to her house, and do so, I am back to her house, and do so with the reason why I am back to her left house.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to police statements made to G, F and H;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person in charge of obstruction of performance of official duties (6-1 year and 6 months) (decision of sentence] (decision of sentence), considering the following circumstances and the defendant's age, environment, motive, means and consequence of the crime, the sentencing conditions indicated in the records, such as the circumstances after the crime, etc., the sentence shall be determined as ordered within the scope of recommended sentence according to sentencing guidelines.

An unfavorable circumstance: A normal condition that the nature of the crime is not less severe than that of assault to a public official who performs his/her duties: The fact that there is no record of punishment for the same kind of crime.

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