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(영문) 창원지방법원 마산지원 2018.03.16 2018고단49
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

On October 1, 2017, at around 00:46, the Defendant reported 112, “Masan Agricultural Cooperative,” which was located on the coast of Yongsan-gu, Changwon-si, Masan-si, Masan-si, Masan-si, on the 31st day of October 1, 2017, to the effect that “a suspected crime is opened,” under the influence of alcohol, and the slope C belonging to B district unit of the Msan-gu Police Station B of Msan-gu, which was called upon upon the above report, found the Defendant to perform a dangerous act, such as blocking the taxi in operation on the road, and attempted to restrain the Defendant.

Whether it is a match or not

“Abstin 13 of the patrol car, seated on the stin and interfered with the progress of the patrol car, and even if so requested by the said C, “I am directly detached,”

A. A.I.D. I.D.

“Absorted on the patrol unit, and assaulted the patrol vehicle again, such as interfering with the progress of the patrol vehicle.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (to determine that the defendant was not in a mental or physical loss or mental and physical weakness under the influence of alcohol at the time of committing the instant crime);

Application of 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reference to the sentencing criteria [Type] There is no type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (Special Sentencing) (referring to the area of recommendation and sentence], the basic area of punishment, between six months and one year and six months;

2. The Defendant, who was sentenced to sentence, appears to be against the ruling of sentence when committing the instant crime.

Defendant seems to have lost self-defense while drinking and to have committed the instant crime contingently.

There is no record that the defendant has been punished for the same crime.

The age and crime of the defendant.

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