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(영문) 창원지방법원 2015.04.16 2015고단557
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On May 20, 2013, the Defendant, at around 21:55, held a single fluoral tool of Gbane gas f3 o-ro 63-gil on the side of the Gbane community service center located adjacent to Kimhae-si, Kimhae-si, and discharged them into a test-fluorin vinyl plastic paper, and inhaled carbon gases which are hallucinogenic substances in a method of inhaleing them.

2. On May 20, 2013, at around 22:05, the Defendant: (a) sent to D, a police officer belonging to the Kimhae Police Station C district unit of the Kimhae Police Station, who called “C district,” with a report that there was a person citing and threateninging Bane gas; (b) enticed D, a police officer belonging to the G district unit of the Kimhae Police Station, who called “C district,” and threatened D, with his/her resistance, and caused D to feel urine by making his/her appeal; and (c) D, stating that “I will surbling, die, die, die, and surbling,” “D’s chest was surged three times by drinking,” while continuing to file a petition with D, who interfered with the legitimate execution of duty of the police officer in the instant case, by assaulting him/her, and spreading him/her by assaulting him/her.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of each Act and subordinate statutes to each investigation report and photograph;

1. Articles 58 subparag. 3 and 43(1) of the former Toxic Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013), Article 136(1) of the Criminal Act, and the choice of imprisonment with labor for each crime

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has a record of being punished several times as a crime of inhaleing hallucinogenic substances. In order to establish the state's legal order and to eradicate the light of the public authority, it is necessary to strictly punish the defendant's crime of obstruction of performance of official duties, and the defendant's age, environment, character and conduct.

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