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(영문) 창원지방법원 2014.12.12 2014고단2481
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 September 7, 2014, at around 03:30, the Defendant was asked questions, such as “I am under the influence of alcohol,” which is a police officer belonging to the Changwon Police Station B District B, called “I am under the influence of alcohol,” and committed assault, such as “I am under the influence of criminal origin, I am under the influence of criminal origin, I am under the influence of drinking, I am under the influence of drinking, and am under the influence of drinking three times.”

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes No. 1 and 2 to the evidence list submitted by the prosecutor;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the confession and reflection of the reasons for sentencing, the alcohol at the time of committing the crime, the absence of any record of punishment for violent crime after April 2005, and the sentencing guidelines of the Sentencing Committee [the basic area of the obstruction of performance of official duties (6 to 1 year and 4 months)], etc.

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