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(영문) 창원지방법원 2017.01.19 2016고단3778
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 3, 2016, the Defendant, in front of D gas stations located in C at Changwon-si, Changwon-si around November 22:40, 2016, recommended the Defendant to return home to the Defendant by a policeman E belonging to the police station unit located in the Changwon-si, who was called upon receipt of a report, on several occasions. However, the Defendant did not seem to have any particular response while crossing the Defendant.

Ultimately, in order to verify the above E’s personal information, the Defendant, who taken the wallet from the Defendant’s machine, has stolen the wallet;

이 씨 발 확” 이라고 말하며 누워 있는 상태에서 오른 발로 위 E의 왼쪽 발을 1회 찼다.

As such, F notified F of the fact that “A police officer may interfere with the performance of official duties if he/she assaults a police officer,” he/she took the face of the above E twice by sound, i.e., “C., f., f., f., f.,” and f.e., f., f.,

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] No person who has no basic area (from June to January 4) (the person who has been subject to special sentencing] [decision of sentencing] [the decision of sentence] because the defendant has obstructed the execution of official duties by exercising violence against the police officer who helps him/herself, and helps him/herself home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home abroad: Provided, That the execution of the sentence shall be suspended in consideration of the fact that the police officer who has been subject to the same kind of crime and has committed the assault has not been able

b. The sentencing conditions shown in the arguments, such as the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

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