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(영문) 창원지방법원 2020.04.09 2020고단371
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

Punishment of the crime

At around 14:10 on January 1, 2020, the Defendant: (a) reported that “A person who franks on the road in front of the “C” in the Kimhae-si B and the first floor; and (b) reported that “A person who franks on the road in front of the “C”, the Defendant, from the D District Unit of the Kim Jung-gu Police Station D District Police Station, called out, was subject to a disposition of notification of violation of the Punishment of Minor Offenses Act as a drinking disturbance on the ground that the police officer F and G called out on the ground that he was killed on the H patrol vehicle, thereby leaving the h patrol

In addition, the Defendant, on the front of the patrol vehicle to be operated, set up the patrol vehicle to be damaged by the Defendant on the front of the patrol vehicle, and assaulted the front pans and Boss and Bos and Boss and s and s and s and s and ssss of the patrol vehicle on one occasion, by putting the Defendant on the front of the patrol vehicle to be damaged by the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is 112 reported and obstructed the performance of official duties by the police officers dispatched, and the nature of the crime is not weak.

However, the defendant has no record of punishment in excess of the same kind and fine, and the defendant's age, character and conduct, environment, means and methods of committing the crime, and circumstances after committing the crime shall be equally considered to determine the punishment like the order.

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