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(영문) 창원지방법원 2020.10.16 2020고단2530
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 01:50 on July 20, 2020, the Defendant, at a restaurant operated by the Defendant’s father’s father in Kimhae-si, Kim Jong-si, called “the mash container. I want to kill. I want to die.” The Defendant, upon receiving a report from the Defendant 112, called the Defendant to suggest suicide, sent out the 112, and the Defendant was called up on one occasion at the seat of the Gyeong Police Station C District D and E, a police officer affiliated with the said cafeteria, who entered the said cafeteria, attempted to turn the son’s son’s son’s son’s son’s hand with his hand, and the Gyeong tried to turn the Gyeong’s son’s son’s son’s son’s hand with his left hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each police statement of 112 reported case to E and D;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, upon receiving 112 report suggesting extreme choice, the police officers tried to restrain the Defendant’s behavior that was in a state of mental anxiety, and to talk with the Defendant.

Nevertheless, the Defendant committed the instant crime that disregards public authority by exercising a police officer’s direct force on his body.

In light of the background of the crime of this case committed in the state of detention, the degree of the type of the criminal defendant's force, and the degree of obstruction of performance of official duties, it is not good that the crime is committed.

However, the defendant recognized the crime of this case against the wrongness, and took part in the treatment of alcohol dependence to improve the drinking habits, which was the opportunity to commit the crime of this case.

The defendant sought a letter from police officers while carrying out a serious apology, and the police officers are also the police officers.

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