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(영문) 창원지방법원 2015.11.05 2015고단2206
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 00:40 on July 28, 2015, the Defendant: (a) received 112 report from a police officer slope E of the Jingu Police Station D police box called the Defendant to the effect that he was a customer who did not pay taxi expenses because he did not pay taxi expenses to C under the influence of alcohol; (b) provided questioning of his intention to pay taxi expenses; (c) provided the Defendant’s identification card; (d) provided the Defendant’s explanation that he was requested to present his identification card; and (d) provided the Defendant’s desire to “Pe, annoy, annoy,” and obstructed the police officer’s legitimate performance of duties regarding handling the 112 report.

2. At around 00:50 on the same day, the Defendant, at the parking lot of the Jinhae Police Station, located in F of the Jinhae-si, who was arrested in the act of committing an act of committing an act of committing a crime and arrived at the patrol box on the grounds as set forth in the above paragraph (1), but refused to leave the patrol box on the ground that the police officer, who was requested by G police officers belonging to the Jinhae Police Station, refuses to leave the patrol box, thereby refusing to leave the patrol box, thereby obstructing the police officer’s legitimate execution of duties concerning the escort of a flagrant offender of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. E statements;

1. Each report on investigation;

1. Application of Acts and subordinate statutes, such as site photographs, receipts, and opinions;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing of Article 62(1) of the Criminal Act on the suspended sentence under Article 62(1) of the Act on the Suspension of Execution (Scope of Recommendation / [Obstruction of Performance of Official Duties] : Type 1 basic area (6-1-4 months), basic area (6-1-4 months) of the Act on the Suspension of Execution / [Scope of Recommendation / The scope of Recommendation ] 2 crime / The basic area (6-1-4 months), basic area (6-2 years) of the Act on the Suspension of Execution / The scope of final sentence due to the aggravation of multiple crimes.

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