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(영문) 창원지방법원 진주지원 2015.03.24 2015고단22
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

1. On November 26, 2014, the Defendant was urged to return home from the police officer slopeF belonging to the Jinju Police Station E Zone E zone, who was called out after receiving a business notification from the Defendant that the Defendant would not have a house under the influence of alcohol, at a singing practice room located under C, Jinju-si around November 26, 2014.

Therefore, the Defendant left the above singing practice room, and then obstructed the patrol car parked in that place, she saw to the above F, and assaulted the above F at one time on the left side of the said F by drinking it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

2. On December 22, 2014, the Defendant, at around 23:06 on December 22, 2014, demanded that a penalty payment notice was issued by the police officer I belonging to the said district unit on the roads of the H District Police Station in the Jinju-si, Jin-si, Jin-si, and that a police officer assigned to the said district unit would move to a safe place from 4 police officers, including the police officer J, for about 15 minutes after he/she continued to be recommended to move from 15 minutes to 15 minutes, and eventually, he/she moved to the next delivery on the road.

After that, the Defendant, who is recommended to return home from the above J, committed spits or spits on the face of the above J once while taking a bath.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and F;

1. Each photograph, penalty payment notice, each investigation report, and the application of CD-related Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crime of obstruction of performance of official duties on November 26, 2014), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act.

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