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(영문) 창원지방법원 2016.08.18 2016고단1685
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2016, the Defendant: (a) received 112 reports from residents living in the vicinity of the Seongbuk-gu Seoul Metropolitan Government apartment building C convenience store; and (b) received a request from the police officer E in charge of the Changwon-gu Police Station D police box belonging to the police station in the Changwon-gu, Seoul Special Metropolitan City; and (c) received a request from the police officer F for “bruing”, the Defendant committed assault against the police officer, such as “I am, I am frily,” and “I amfrily, I amfrily, and I am the back of the patrol car.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A report on investigation;

1. A report on dispatch to the scene, and a detailed statement of the case to be reported;

1. Application of each statute on photographs;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Act on the Suspension of Execution does not correspond to that of obstructing the performance of official duties by force against police officers on the grounds of sentencing under Article 62(1) of the Act on the Establishment of Local Reserve Forces and the violation of Road Traffic Act: Provided, That the defendant does not have any previous conviction except for the violation of the Act on the Establishment of Local Reserve Forces and the punishment of a fine for the violation of the Road Traffic Act, and the assault used as the means of the instant crime is one time sent back on the back of patrol car, the degree is weak, and there was no direct use of force against police officers' body, and the defendant does not repeat the crime by breaking his wrong.

In consideration of the fact that the execution of a sentence is being suspended, the execution shall be suspended.

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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