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(영문) 창원지방법원 통영지원 2016.08.11 2016고단717
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

The defendant, on May 29, 2016, intends to write a knife by a male with a knife from the front corridor No. 202 of the B building at 00:40 on May 29, 2016.

“A police officer of the Madern Police Station C District of the Madern Police Station who was called upon 112 report and controlled the Defendant, and since the test was conducted by C, C. S. and C.

Den Doz.;

C. Salphish, Salphish, shall be discarded.

’라고 욕설하며 주먹으로 위 D의 가슴 부위를 수회 밀치고, 발로 그의 왼쪽 종아리를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), the mitigation area (in the event of a person subject to special mitigation), which is minor;

2. The reason for sentencing is that the defendant's mistake is not good, and it is so decided as per Disposition on the grounds that the punishment is determined by taking into account the defendant's age, sex, environment, circumstances leading to the crime and circumstances after the crime, etc., which are stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment and circumstances after the crime.

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