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(영문) 창원지방법원 마산지원 2017.05.10 2017고단225
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

On February 23, 2017, the Defendant: (a) around 23:58, the police station affiliated with the Mar. 1, 2017 Police Station affiliated with the Mar. 23, 2017, which was dispatched after receiving a report of assault in front of the Mar. 23, 2017, sought personal information and circumstances of the victim; and (b) the Defendant “I am the police officer in front of this opening, Chewing marith.” to the police officer “I am in front of the inside of the police officer.”

Chewing .. “Chewing ....” and the above police officers do not take a bath.

On the other hand, due to the defect, the direction of the police officer's right direction was twice, and the left direction was one time to interfere with legitimate execution of duties concerning the prevention, suppression, and investigation of the police officer's crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. Determination of sentence: The sentence shall be determined as the order, such as six months of imprisonment, two years of suspended sentence, the fact that the accused has no record of crime obstructing the performance of official duties, the fact that his mistake is recognized and reflected, and the age, family relationship, etc. of the accused are taken into account;

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