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(영문) 창원지방법원 2014.08.20 2014고단1090
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 06:00 on April 6, 2014, the Defendant saw a disturbance, such as frighting to sleep under the influence of alcohol, even after being under the influence of drinking at B located in the center of Sungwon-si, Sungwon-gu. Around 06:00, the Defendant expressed his desire to go home, to the police officer of the Changwon-gu Police Station C commander of the Changwon Police Station: (a) who was called upon upon receipt of a report and was urged to go home from a slope D, a police officer affiliated with the police officer of the Changwon-gu Police Station C commander of the Changwonwon-gu, who was urged to go home, and (b) who was dispatched to the police, “ how much he was frighted, the police officer was frighted, who was in Korea, is the head of the security division, and later frighted, who was willing to go home at the said establishment, and continued to go to go to a boom and patrol the body and body of the Defendant.”

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes No. 2, 3, and 4 of the evidence list submitted by the prosecutor;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (i.e., confession and rebuttal, the fact that the defendant was under influence at the time, the fact that the defendant had been punished for violent crimes more than 11 times, but the defendant has not been punished for obstruction of performance of official duties, the extent of violence is minor, and the sentencing guidelines of the Sentencing Commission, etc.);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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