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(영문) 창원지방법원 2014.09.23 2014고단1687
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 22, 2014, at around 21:30, the Defendant drinked alcohol at the Defendant’s residence, Kimhae-si, 102 Dong 109, and argued with the Defendant’s wife, and obstructed the Defendant’s legitimate performance of duties by the police officer regarding the management of a police officer’s report by assaulting the Defendant’s neck, such as smuggling, knife away, knife, and knife’s knife’s knife’s knife’s knife’s knife, knife, and knife’s knife’s knife’s knife.’s knife.’s knife.’s knife.’s knife.’s knife.’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. The reason for sentencing of Article 62-2(1) of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of obstruction of the performance of official duties (6-1-4 months) / [decision of sentence] The crime of this case is not deemed to have committed an assault to a police officer dispatched after receiving a report from the defendant on the ground of domestic violence. The crime of this case is not deemed to have been committed in bad quality, and there is a need for strict punishment for the crime of obstruction of the performance of official duties in order to establish the state’s legal order and eradicate the light of public authority.

However, the punishment shall be determined as ordered in consideration of favorable circumstances, such as the fact that the defendant has mistakenly recognized and reflected the defendant's mistake, the fact that there is no criminal record exceeding the fine, etc., and considering the background of the occurrence of the crime, the degree of violence, the character and conduct of the defendant and the environment, etc.

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