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(영문) 창원지방법원 2019.08.13 2019고단1003
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2019, at around 03:52, the Defendant: (a) was drunkly driven by the Defendant’s house located in Kimhae-si, Kim Jong-si, and (b) was sent to his family under the influence of alcohol, and (c) was called “A” to “A” in order for the Defendant to listen to the circumstances of reporting from his father, the police officer of the Kim Sea Police Station C District, and the police officer called out after having received 112 reports on domestic violence; and (d) the Defendant threatened the Defendant with the face of the said D one time by hand.

Accordingly, the above police officers were arrested in the act of committing a crime, and around 03:56 of the same day, the defendant abused the face of the above E by the head of the patrol while moving the patrol road that was parked with the above police officers in front of the defendant's office.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 136 of the Criminal Act and the choice of punishment for the crime, Article 136 of the Criminal Act and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as shown in the disposition of the Supreme Court shall be determined by taking into account the following circumstances, Defendant’s age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc. and referring to the

The favorable circumstances: The time of committing a crime and reflects, and the circumstances unfavorable to the police officer's expressed his/her will in writing: The use of violence by the police officer who has been dispatched to the police officer who has been subject to punishment on several occasions, despite the fact that he/she had been punished for a violent crime.

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