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(영문) 창원지방법원 2016.04.07 2015고단3151
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 10, 2015, at the top of the window B at Changwon-si, Changwon-si, the Defendant 22:20 on November 10, 2015, followed the dispute with the spouse C, and the Defendant: (a) prevented the Defendant, who was dispatched upon the said C’s 112 report, and (b) prevented the said police officer from carrying the Defendant, and (c) caused the Defendant to go to the said C, the Defendant “Ie the same feasing, Chewing feasing feasing feas,” and (d) caused the instant police officer to fall into a feasing feasing feas, feasing feas, and the feasing feasing feas, feasing feas as a hand.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers on handling reported cases 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, D, or C;

1. Notice of the offender's place, damaged photograph, department related to the report of the 112 case, application of the photographic statute;

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. Although the execution of a sentence under Article 62(1) of the Act on the Suspension of Execution is not easy since a defendant for the reason of sentencing under Article 62(1) obstructs the performance of official duties by legitimately exercising violence against police officers in the course of performing official duties, the execution of a sentence should be suspended by taking into account that the defendant's age, sex, family environment, motive and circumstance of a crime, motive and circumstance of a crime, means and result of a crime, and the conditions of sentencing as shown in the arguments, such as the circumstances after the crime, are all considered and determined as ordered;

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