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(영문) 창원지방법원 2015.10.16 2015고단2160
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 July 18, 2015, at around 23:35, the Defendant: (a) heard the police officer F of the Jinhae Police Station Eab, who called out after receiving a report that he did not pay the drinking value, asked questions about the circumstances of the instant case from the police officer F of the police box affiliated with the Jinhae Police Station Eab, who called out after receiving a report that he did not pay the drinking value; (b) held the said F several times of talking about two times; and (c) sealed the chest part.

As above, the Defendant assaulted a police officer to interfere with the police officer’s legitimate performance of duties concerning handling reports 112.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of F’s written Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution of Official Duties [No person who has a special person for the obstruction of performance of official duties] [Ruling of sentence] [No person for the obstruction of performance of official duties] [Judgment of sentence] is against the defendant's wrongness, there is no criminal record exceeding the same kind or fine, the degree of the obstruction of official duties does not reach the very significant degree, and other various sentencing conditions, such as the background of the crime in this case, the defendant's age and environment, etc.

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