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(영문) 창원지방법원 진주지원 2015.05.26 2015고단168
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 05:35 on December 15, 2014, the Defendant took a bath to police officers under the influence of alcohol at the Jinju Police Station C District of Jinju Police Station C in Jinju City, B, including “Ye Hafe Haf Haf Haf Haf Haf Haf Haf Haf Haf Haf Haf Haf

Therefore, the circumstances in which the C District Unit affiliated D recommended the Defendant to return home to the Republic of Korea, and the Defendant, upon water in the C District World Cup, abused water contained in the face of the E in front of the C District Unit, to the face of the C District Unit E in front of the book.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the maintenance of order and handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. In order to establish the legal order and order of the country with the reason for sentencing under Article 62-2 of the Criminal Act and eradicate the light of public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and the defendant has been punished several times for violent crimes including the same criminal power. However, on the other hand, the defendant is against himself/herself while committing the crime. The crime of this case is committed in a relatively less serious degree of exercising force due to contingent crimes committed by the defendant under the influence of alcohol, and the degree of exercising force is not limited, the damaged police officer does not want the punishment of the defendant, and the punishment is determined as ordered in consideration of all the sentencing conditions indicated in the arguments of this case, such as the age, home environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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