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(영문) 창원지방법원 마산지원 2018.11.20 2017고단1149
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

On August 26, 2017, the Defendant: (a) around 19:50, at the Masan Station, located in the Masan Station in Changwon-si, Changwon-si, Masan-si, Masan-si, the Defendant: (b) extracted a sound cable in order to prevent the exercise of earth and contact at that place from relaying to the Internet; and (c) was handed over to the InspectorF belonging to the Masan-dong Police Station E District in the Masan-si, Masan-si, the general supervisor of the above event, who works around the site.

Accordingly, the Defendant, without any reason, expressed to F the following reasons the Defendant’s personal information of the Defendant, “Crops, dead,” and assaulted F’s face at least three times as drinking.

As a result, the defendant assaulted police officers to interfere with legitimate performance of duties concerning the handling of reported cases and the prevention of crimes.

Summary of Evidence

1. Part of the statement of the police suspect interrogation protocol against the defendant

1. Application of the law of the police statement protocol to F;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act provides that the crime of obstructing the execution of official duties is more serious: Provided, That the degree of obstructing the performance of official duties due to the crime as indicated in the judgment is relatively excessive; the defendant does not have any criminal record of the same or similar kind of crime as indicated in the judgment without being sentenced to the suspension of qualification or more severe punishment; the defendant does not have any criminal record of the same or similar crime as indicated in the judgment; the crime of obstructing the performance of official duties or damaging public goods; and the defendant has an open state due to mentality, the sentence

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