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(영문) 창원지방법원 2015.09.09 2015고단1521
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2015, at around 03:40, the Defendant: (a) performed time costs due to the drinking value in the “Camenda” located on the sixth floor of the building B in Seongbuk-gu, Changwon-gu; (b) attempted to verify the circumstances of the instant case by E, the Changwon Police Station D District Unit in the Changwon-gu Police Station D District, which was dispatched after being reported 112; and (c) obstructed the police officer’s legitimate performance of official duties concerning the handling of the said police officer’s 112 report, by threateninging that the said police officer’s chests were sealed once and drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant (special mitigation) in the area of mitigation (one to August) of category 1 of the obstruction of performance of official duties (special mitigation) (Article 62(1) of the Criminal Act (Article 62(1) of the suspended sentence (Article 62 of the same Act) (Article 62(1) of the same Act,

However, considering the favorable circumstances, such as the fact that the defendant reflects the mistake, that the defendant is the first offender who has no criminal power, that the degree of obstruction of performance of official duties is not much serious, and that other sentencing conditions, such as the circumstances leading to the instant crime, shall be comprehensively considered, and the punishment as set forth in the text shall be determined.

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