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(영문) 창원지방법원 마산지원 2017.08.18 2017고단702
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 19, 2017, at around 23:40, the Defendant assaulted the police officer D belonging to the above police box on the ground that the investigation was conducted in relation to the assault case at the police station located in Msan-gu, Masan-si B, Masan-si, Masan-si, and that the investigation was not conducted in mind, and that the investigation was not conducted in relation to the assault case at the police station at the police station at the police station at the police station at the above police station at the above police station at the above police station at the police station at the above police station at the above police station at the above police station, stating, “I am to the police officer of the police station at the same time, and I am to see the flow of the police station at his hand.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol with respect to E and D [the defendant was under the influence of alcohol at the time of committing the crime, but it does not seem to have reached a state of mental or physical loss or mental weakness];

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The confession and reflection of the reasons for sentencing under Article 62(1) of the Criminal Act, the fact that there is no serious criminal history, and the circumstances before and after the crime, etc. shall be considered;

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