(영문) 창원지방법원 2016.03.30 2015고단2979

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자간(%)

(영문) 창원지방법원 2016.03.30 2015고단2979

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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2015, at the D cafeteria operated by the Defendant in Kimhae-si, Kim Jong-si, around 22:55, the Defendant: (a) prevented the Defendant, who was a police officer belonging to the subsidiary police station OOO team, from leaving the site after receiving a report of 112 to the effect that he/she assaults his/her employees; and (b) prevents the Defendant, who was a police officer belonging to the subsidiary police station, to move to his/her employees; and (c) B, “I saw, I do not do so.”

While speaking “,” he was tightly pushed up two times by hand the chest part of E with his hand, and was 2 times by his hand the chest part of E with his hand.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] : (i) the mitigated area of punishment (i) (i) (i) the mitigated area (i.e., interference with the performance of official duties or coercion of duties) / [i.e., the special mitigated person] / [i.e., a case in which a serious injury occurs] / (ii) the defendant has several criminal records of a fine for violent crimes; (iii) the defendant's act of exercising force against the police dispatched by the defendant should be strictly punished; however, the defendant committed the instant crime under the influence of alcohol; (iv) the defendant committed any contingent act under the influence of alcohol; (v) other factors such as the defendant's age, sexual behavior, environment; (v) motive, means and consequence leading up to the instant crime; and (v) circumstances after the crime, etc., the sentence shall

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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