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(영문) 창원지방법원 통영지원 2018.06.21 2018고단439
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2018, at the entrance of the 1116-do 116-ro Ba, the Defendant: (a) sought to look into the eths of the above E, in order to ask questions about the circumstances of the instant case and personal information from the policeman E belonging to the Do Do dong Police Station, who was called upon to receive 112 a report; (b) the F of the Do Do Do dong Do Do Do Do Do Do dong Do Do Do Do Do Do Do Do Do Do Do Do Do do Do Do do Do do Do do do Do do Do do Do do Do do

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to investigation reports (verification of viewing mobile phone images submitted by damaged police officers and reporting on the binding of records on the 112 reported case processing lists);

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the degree of infringement of legal interests by the instant crime, the fact that the accused has no record of the same crime, the defendant's time and depth reflects the criminal act, the defendant's age, sexual conduct, environment, motive of the crime, circumstances after the crime, etc. shall be considered, and the punishment as ordered shall be determined in light of various conditions of sentencing as shown in the oral argument.

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