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(영문) 창원지방법원 2020.04.16 2019고단3534
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 October 13, 2019, at the C parking lot located in Kimhae-si B, around 01:55 on October 13, 2019, the Defendant: (a) stated that “A” in the 112-report was sent to the Defendant; (b) the police officers affiliated with the D District Police Station of the Kimhae-gu Police Station, Kimhae-si, who called the Defendant to stop the Defendant from taking the Defendant’s walk toward the customers; and (c) carried the Defendant’s chest part into two arms, which was pushed up three times.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported duties due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of imprisonment (the degree of imprisonment, the nature of the crime, the circumstances of the crime, etc.);

1. The main sentence of Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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