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(영문) 창원지방법원 2015.03.18 2014고단3499
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 23:30 on December 12, 2014, the Defendant: (a) dnonasium located in C with the drinking value as an issue; (b) she, upon receipt of a report, she saw the test cost to the police officers belonging to the Kimhae Police Station E District Unit of the Kimhae Police Station, the Defendant, without any justifiable reason, and assaulted the police officers, such as “I am drum, I am son, I am son, I am son, I son, I son, I son, I son.”

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. Application of the F and G Acts and subordinate statutes;

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 (Punishment prescribed for the crimes of obstruction of performance of official duties against G with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant alleged to the effect that the Defendant was in a state of mental disability by drinking alcohol at the time of committing the instant crime. However, in light of the content, process, etc. of the instant crime, it does not seem that the Defendant had weak ability to discern things or make decisions at the time of committing the instant crime, and thus, the foregoing assertion is rejected.

In light of the circumstances and result of the crime of this case, the age, character and conduct, environment, circumstances after the crime of this case, etc., the defendant's age, character and conduct, environment, etc. are considered in consideration of all the conditions of sentencing, etc.

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