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(영문) 창원지방법원 2021.02.18 2020고단3423
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 6, 2020, around 23:10 on July 23:10, 2020, Police Officers B of the Jinhae Police Station B police box D called “F” in the Gu E, upon receiving a report from 112 report, sent to the front of the “F” way.

The above police officers obtained the defendant who refused the solicitation of returning home more than twice and went to the patrol vehicle, and went to the front of the defendant's house H lending in the Gu of Changwon-si.

On July 6, 2020, the Defendant, at around 23:35, transported from the patrol car to the front of the H Ba, and subsequently, when the said police officer solicited him to return home, the Defendant assaulted the above police officers by cutting off the arms and legs of the police officer D, cutting down the chest part by hand, cutting down the arms and legs of the slope C, cutting down the chest part by hand, throwing down the sprink of the slope C, throwing down the sphere, throwing down the spher, throwing away the external part of the slope C.

Accordingly, the above defendant has prevented the police officers from performing their legitimate duties on the handling of 112 reported cases.

Summary of Evidence

1. The application of the defendant's legal statement C, photographs of the police statement protocol against D, and the Acts and subordinate statutes governing the handling of reported cases in 112;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. It is so decided as per Disposition on the ground that an order to attend a lecture is more than 62-2 of the Criminal Act (in order to prevent recidivism);

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