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(영문) 창원지방법원 2019.02.15 2018고단3497
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

On November 20, 2018, the defendant, around 23:40 on November 20, 2018, there are two "two persons in the street room located in Sungwon-si, Sungwon-si B.

"Absent" in the process of asking questions about the circumstances and personal information of the victim E from the police officer belonging to the Changwon Police Station D District District of the Changwon Police Station who was called out after receiving a report 112, and assaulting the victim's chests over the floor by tightly damaging the victim's chests, and at the same time, the victim committed violence to the victim's chests, which requires approximately three weeks of treatment.

Accordingly, the defendant interfered with legitimate execution of official duties on the handling of the 112 Report case, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the statutes governing each photograph, cell phone image storage CD;

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 reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant assaulted a person who was on the street at night along with the police at night, and received a report 112 Mara 112, and without permission, expressed the police officer who called out, without permission, and harming the police officer in need of approximately three weeks of treatment, so the offense is not good in light of its details and methods, and thus, the possibility of criticism is not small.

However, the defendant reflects his fault in depth.

The crime seems to have been committed by losing self-defense power and contingently.

Recently, 1.2 million won was deposited for the police officers who suffered the recent damage, and only the victim of the assault, which was the basis of the instant case, was agreed upon.

Until now, there is no record of punishment for violent crimes as well as crimes against public officials, and there is no criminal record of suspended execution or more.

A normal situation may be considered in favor of the family members to support, such as spouse and children.

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