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(영문) 창원지방법원 2020.04.09 2019고단4046
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on November 20, 2019, the Defendant: (a) sent to the Defendant’s house located in Kimhae-si B with a report of 112 that “I son fright,” and (b) sent to the Defendant, the Defendant Dara, the police officers of the Kimhae-si Police Station C District of the Kimhae-gu Police Station C District, and the Defendant Dozed the Defendant to “I fright, fright, and fice fright” to listen to the circumstances of the instant case; and (c) assaulted the Defendant, by hand, his face and head of the said D once in the course of arresting the Defendant as a flagrant offender in the crime of obstruction of performance of official duties from the above police officers, by taking the head of the said E, knee, and selling the uniforms of the said E one time.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported crimes and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been committed with violence to police officers who perform their duties properly, and the nature of the crime is bad, and the defendant has the previous case prior to the instant case, the responsibility of the defendant is heavy.

However, all sentencing factors specified in the records and arguments, including the defendant's age, occupation, character, character, environment, family relationship, motive, circumstance, means and consequence of the crime of this case, etc., including the fact that the defendant recognized the crime of this case and the mental illness suffered by the defendant seems to have affected the conclusion of the crime of this case, shall be determined as ordered.

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