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(영문) 창원지방법원 통영지원 2018.07.06 2018고단347
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 18:40 on February 27, 2018, the Defendant reported 112 on the street in front of Data, which read, “I am satisfing a drinking and satisfing a satisfing satisfing” and recommended the police officer to return home from the police officer assigned to the E District of the Tong-gu Police Station E District of the Dong-gu Police Station, who called, “I datf ..........................................”

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

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

1. The defendant and his defense counsel asserted under Article 62(1) of the Criminal Act and Article 62(1) of the Act on the Suspension of Execution shall assert that the defendant was physically and mentally deprived or physically weak at the time of committing the crime.

However, according to the above evidence, even though the defendant was aware of drinking alcohol at the time of the instant case, it does not seem that the defendant had no or weak ability to discern things or make decisions.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

The grounds for sentencing shall be determined as per the order, taking into consideration the following factors: the defendant's age, sex, environment, health status, the circumstances leading to the crime, means and result, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime.

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