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(영문) 창원지방법원 진주지원 2017.09.20 2017고단227
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2017, around 00:30, around 00, around 2017, at the front of the defendant's house located in Sacheon-si B, the defendant sent to the police station at around 23:59, after receiving a report that the defendant was under the influence of alcohol, and returned the defendant to the police station at around 112, who was in the same city at around 23:59, and returned the defendant to the police station located in the Gyeongcheon-gu Police Station C, Gyeongcheon-gu, Gyeongcheon-do, and caused D to stop the defendant's face at one time.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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. Recommendations for the application of the sentencing criteria: None of the persons subject to special sentencing in six months to one year and six months (basic areas):

2. Determination of sentence has the record of being sentenced to a fine once as a result of obstructing the execution of official duties, and the punishment shall be determined as ordered in consideration of all sentencing conditions as shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances of this case, the circumstances after the crime, etc.

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