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(영문) 창원지방법원 마산지원 2016.12.20 2016고단1167
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 02:20 on October 7, 2016, the Defendant was under influence of alcohol in front of the new point of the Gyeongnam-si, Changwon-si, 3.15, and 95, and the Defendant was under influence of alcohol in front of the new point of the Gyeongnam-si, Gyeongnam-si, the victim who received the report and sent D (53 years old) in the circumstances belonging to the C District District Police Station of the Gyeongnamnamnam-si, the Gyeongnaman, the victim, who was called after the receipt of the report, caused the Defendant to fright up the Defendant, so that he could have the Defendant returned home.

As a result, the defendant interfered with legitimate execution of duties concerning crime prevention and suppression of victims who wear police uniforms, and at the same time, failed to see the number of days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of the victim's body);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions under Article 62(1) of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, shall be determined as ordered in full view of the following circumstances under the reason of suspended sentence.

There are many kinds of records that are punished for violent crimes.

The crime of this case led to the injury of the victim.

The favorable circumstances: The crime of this case is against the law.

In agreement with the victim, the victim does not want the punishment of the defendant.

The degree of violence or the degree of injury of the victim is not serious.

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