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(영문) 창원지방법원 2016.11.09 2016고단2703
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

피고인은 2016. 7. 27. 06:30경 김해시 내외로 67, 내외동 주민센터 앞 노상에서, ‘술에 취한 사람이 음식물 쓰레기통을 차고 다닌다’는 취지의 112신고 지령을 받고 현장에 출동한 김해중부경찰서 OO지구대 소속 경찰관인 순경 B에게, “내가 찼는데 어쩔건데, 나 잃을 것도 없다, 잡아가라”고 말하면서 무작정 순찰차에 타려고 하였다.

Accordingly, the police officer issued the Sticker B's notice to the Defendant and boarded the Defendant on the patrol vehicle in the course of staying home, and the Defendant stated that the Defendant was "spawn" in the direction of the patrol police officer and B while carrying the spawn, and carried the spawn's chest part on the chest of B in the course of drinking.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-4 months), [decision of sentence] (decision of sentence] the following circumstances and circumstances constituting the sentencing conditions indicated in the records of this case, including the Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc., shall be determined as ordered by the sentence.

Conditions unfavorable: Conditions favorable to the point that is not agreed with the victim: The first offender;

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