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(영문) 창원지방법원 2017.04.13 2016고단3865
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2016, the Defendant: (a) around 23:00, the 215-1 Jin-gu, Jin-gu, Jin-si, Kim Young-si, Kim Young-si, a foreigner who was under the influence of alcohol in the vicinity of the 215-1 Jin-si bus bus terminal and was in a trial room; and (b) the police officer B belonging to the police station, who received the 112 report, dispatched the Defendant to the scene and voluntarily accompanied the Defendant to C police box.

On October 29, 2016, at the police box around C around 23:20 on October 29, 2016, the Defendant assaulted the police officer’s legitimate performance of duties concerning criminal investigation, such as questioning the police officer B about the circumstances of the instant case, making him/her take his/her face one time, and obstructed the police officer’s legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act suspended: The act by the defendant by assaulting a police officer in the course of performing his/her duties and obstructing the performance of official duties is highly favorable to the necessity of the punishment: The confession and reflect of the defendant, and the defendant has no history of criminal punishment imposed in the Republic of

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