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(영문) 창원지방법원 2017.02.02 2016고단4123
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 22:00 on October 8, 2016, the Defendant: (a) sent a police station box in the Jindo in front of the Kodo apartment apartment located in Andodo-ro 339, Jindo-ro; (b) sent a complaint to the police station box in front of the Jindo-ro 339, and (c) sent a sign for regulating drinking, which was installed at the former place, by hand, putting up the signboard for regulating drinking, and putting it up on hand; (b) ring up on the road, the Defendant she was able to avoid any disturbance, such as “bring down drinking as her her son, her son, and so on”, and she was aware that the Defendant was able to return to the Republic of Korea while stopping the Defendant, the Defendant continued to have her her chest “weed off”, and her son was 2 sealed by the hand of the above B.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. The sentencing conditions indicated in the records of this case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., shall be determined by taking into account: (a) the sentence as ordered.

Unfavorable circumstances: The defendant's act of assaulting a police officer in the course of performing his/her duties and obstructing the execution of his/her official duties is highly required to punish the defendant; circumstances favorable to the defendant that have the power to punish four times the same kind of punishment, including the power to punish the suspension of execution due to the obstruction of the performance of official duties once: The defendant is led to confession and reflect; there is no record of the same punishment after 2010; the degree of

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