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(영문) 창원지방법원 2015.05.19 2015고단94
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On November 30, 2014, at around 02:50 on November 30, 2014, the Defendant: (a) committed assault, such as: (b) the police officer, who was a police officer belonging to the Seocho Police Station, arrested D as a flagrant offender in the crime of insult, and (c) the police officer, who was called out after having received a report that D scambling and scambling a disturbance at C entertainment tavern located at the window B of Changwon-si, Changwon-si; (b) the Defendant arrested D as a flagrant offender

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspension of execution [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant in the area where the punishment is mitigated (one to eight months), the area where the obstruction of performance of official duties is mitigated (special mitigations] [decision of sentence] 4 months, the suspension of execution one year, the suspension of execution (the fact that there is no past record of criminal punishment other than one fine, etc.);

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