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(영문) 창원지방법원 2016.08.31 2016고단1599
공무집행방해등
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

1. 퇴거 불응 피고인은 2016. 5. 10. 20:25 경 부산 동래구 C 빌라 건물 내부 복도에 술에 취한 상태로 들어와서 201호 대문을 ‘ 쾅, 쾅‘ 강하게 수회 두드리고 발로 차면서 소란을 피워 위 빌라 주민들이 복도로 나와 피고인에게 이유를 물었고, 피고인이 “D 이라는 사람들 찾아 달라” 고 요구를 하기에 위 빌라 입주민인 피해자 E이 “ 오래 전에 이사 갔으니 여기서 행패를 부리지 말고 가십시오

“A request to leave” was made, but it did not comply with the request to leave, and did not comply with the request to leave without complying with the request to leave, while serving in the Bara’s corridor while bringing about about about 30 minutes of “I see”, etc.

2. On May 10, 2016, the Defendant obstructed the performance of official duties: (a) around 20:50, and (b) around 112, as in paragraph (1) of the above C Borrowing, sent out by the Defendant on May 10, 2016, he arrested the Defendant as a current offender for the crime of refusing to leave from the Busan Police Station F District; (c) and (d) assaulted the Defendant at least twice to walk two bucks of the Defendant’s respective Haspacks.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Articles 319(2), 319(1) (in cases of refusing to withdraw), and 136(1) (in cases of obstructing the performance of official duties) of the Criminal Act and the choice of imprisonment for a crime, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act is the crime of refusing to comply with the sentencing guidelines for the mitigated area (one month to eight months) (one month) [the person who has been specially mitigated] that is not subject to punishment (one type and one serious injury). Thus, the crime of refusing to comply with the execution of official duties in the judgment of the basic criminal.

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