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(영문) 창원지방법원 진주지원 2016.05.24 2016고단313
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On February 16, 2016, at around 05:20, the Defendant: (a) reported that he avoided disturbance in front of the Dns in Sncheon-si, Sacheon-si; and (b) obstructed the Defendant from walking the entrance door of the Jacheon-gu Police Station, Yacheon-gu, Yacheon-gu, the Defendant: (c) obstructed the Defendant; (d) obstructed the Defendant; and (d) assaulted the Defendant by spreading a serious bath; (d) f by drinking breath of the F; and (e) 3 times the chest.

As a result, the Defendant interfered with the police officer's legitimate execution of duties on the duty of 112 reporting and the prevention and suppression of crimes.

2. At around 05:36 on February 16, 2016, the Defendant: (a) operated a patrol vehicle in front of the H convenience shop located in G with the report of 112 by the said patrol police officer; and (b) opened and boarded the front of the patrol vehicle for ten minutes; (c) opened and opened the front door of the patrol police officer; and (d) opened the said I and the said J with the arms and legs in order to bring the Defendant into the Defendant; (d) opened the knife the knife of the knife of the knife of the knife of the knife and the knife of the knife of the knife with the knife of the knife and the knife with the knife for five minutes; and (d) obstructed the knife of the knife with the said I and the said J three times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecutor by the J;

1. Each statement of F, K, and J;

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

1. Article 136 (1) of the Criminal Act; imprisonment with labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (In consideration of the fact that there are several different kinds of force over several occasions);

1. The community service order under Article 62-2 of the Criminal Act;

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