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(영문) 창원지방법원 2015.08.19 2015고단1221
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

On April 25, 2015, at around 23:05, the Defendant: (a) took a look at a disturbance, such as a small table table, a chair, which was installed on the front of the convenience store, on the road in front of the first floor C convenience store; (b) discovered the Defendant; and (c) asked the Defendant, from the E and one other, about the background of the case, personal information, etc., of the circumstances where the D District Unit of the Changwon Police Station was affiliated with the D District, the Defendant took a bath to the above E, who was asked about the circumstances of the case, personal information, etc.

Accordingly, the defendant interfered with legitimate execution of duties of police officers' patrols.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-6 months), and no person [special person] [decision of sentence] State’s legal order and order to eradicate the light of public authority, it is necessary to strictly punish crimes of obstruction of official duties.

However, considering the favorable circumstances, such as the fact that the defendant reflects the wrong, that there is no other criminal records except that the defendant was punished as a minor fine once, that there is no other criminal records, that the degree of obstruction of performance of official duties is not serious, and that the punishment is determined as ordered by taking into account all the factors such as the circumstances of the crime in this case, etc.

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