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(영문) 창원지방법원 2018.07.12 2018고단881
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2018, around 03:07, the Defendant: (a) received a 112 report and refused to return home from police officers belonging to C District Police Station C District of the Kimhae-si, who called the scene after receiving a 112 report; and (b) the said police officers were in accordance with the said C District for the purpose of taking protective measures.

On March 14, 2018, around 03:45 on the same day, the Defendant: (a) laid his belongings in front of the said C District; (b) laid off the patrol vehicle from the patrol vehicle, and (c) laid off the patrol vehicle from the patrol vehicle to E, who was employed by the said C District E, and (d) took a bath to “Chewing sprink and v. (e.g., the instant E, on his hand, her left sprink.”

Accordingly, the defendant assaulted police officers performing legitimate duties concerning the handling of reported cases and protective measures, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is as follows: (a) in this case, the defendant takes a bath against a police officer who intends to take protective measures under the influence of alcohol without any particular reason; and (b) the nature of the crime is not good.

However, after the crime of this case was committed, the defendant is subject to punishment by police officers, and the defendant shows an attitude against him/her when committing the crime, and there is no special criminal record other than punishment by a fine once.

The punishment as ordered shall be determined in consideration of the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime.

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