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(영문) 창원지방법원 2016.04.12 2015고단3230
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 21, 2015, the Defendant: (a) around D’s 19:40 on October 21, 2015, around D’s 19:40, around D’s window at C, while under the influence of alcohol, deemed that the drinking value is unfair to the business owner in the place of the Defendant; (b) when the police officer F, who was dispatched after receiving the report related to 112, called “F,” who was called “F,” who was called “F,” was called as “F,” and said patrol officer’s face on his hand, at one time.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of the Acts and subordinate statutes governing the criminal place

1. The pertinent provision of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [the scope of recommended punishment] There is no person [the person subject to special sentencing] in the basic area (from June to January 4) (the person subject to special sentencing] [the person subject to sentencing] [the decision of sentence] as a result of violence committed by a police officer who renders a police officer under the influence of alcohol and restrains it from performing his/her duties, thereby obstructing the legitimate performance of his/her duties, it is not easy that the crime was committed, and it is inevitable to sentence him/her as a result of the suspension of execution: Provided, That it is inevitable to sentence him/her for the period of suspension of execution after taking into account the favorable circumstances in which the injured police officer and the police officer have agreed to do so: the defendant's age, sex, home environment, motive and circumstance of the crime, the motive and circumstance of the crime, the means and consequence of the crime, and the circumstances of the crime after the crime, etc.

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