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(영문) 창원지방법원 2018.08.09 2018고단1542
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 May 10, 2018, the Defendant: (a) on May 10, 2018, at the “C sing point” front of the fifth floor of the Kimhae-si B Building; (b) on the Kim Jong-si’s front corridor, the Defendant: (c) “The Defendant sent back the door door door to the next sing point; and (d) the Defendant was called up upon receipt of a report 112, and called up for the Defendant, to the slope E affiliated with the DD branch of the Busan Police Station, “I regulate what” from E.

"A person who was asked of ", by reason of his/her being asked, assaults the face part of E at one time."

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the sentencing conditions set forth in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as set forth in the following circumstances, and the scope of the recommended sentencing guidelines set forth by the Supreme Court sentencing guidelines (the basic area of the sentencing guidelines set forth in Article 62(1) of the Act on the Suspension of Execution of Duties ( June - June 1): the scope of the recommended sentence set forth in the sentencing guidelines for the commission of sentencing of the Supreme Court.)

The favorable circumstances: The defendant confessions as a principal offender and repents his mistake, and the defendant appears to have committed the crime of this case by contingency, and the degree of obstruction of violence and official duties is not severe: The fact that it is necessary to punish the crime of interference with the execution of official duties in order to establish the state's legal order and eradicate the light of public authority.

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