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(영문) 창원지방법원 2018.12.13 2018고단2784
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 8, 2018, around 00:25, the Defendant assaulted the parts of D's bridge, i.e., D's knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife.

Accordingly, the Defendant interfered with the legitimate execution of official duties by police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, C, and E;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the sentencing conditions set forth in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as set forth in the following circumstances, and the scope of the recommended sentencing guidelines set forth by the Supreme Court sentencing guidelines (the basic area of the sentencing guidelines set forth in Article 62(1) of the Act on the Suspension of Execution of Duties ( June - June 1): the scope of the recommended sentence set forth in the sentencing guidelines for the commission of sentencing of the Supreme Court.)

The favorable circumstances: The defendant has no previous conviction for the same kind of crime, the confession of his mistake, and the defendant seems to have committed the crime of this case by contingently, and the circumstances that the damaged police officers do not want the punishment of the defendant: It is necessary to impose strict punishment for the crime of interference with the execution of official duties in order to establish the state's legal order and eradicate the light of public authority.

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