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(영문) 창원지방법원 2019.05.17 2019고단809
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On December 21, 2018, at around 01:35, the Defendants were asked to pay the drinking value by being drunk in “D’s singing room” located in Kimhae-si C. However, the Defendants received a 112 report and received a request for the payment of the drinking value from F in the circumstances where the E zone belongs to the Kimhae-si Police Station E zone called.

Accordingly, Defendant B entered a G convenience store near a singing room while called “I will go through a singing room,” and Defendant A reported the above F in front of a convenience store, “I am sing back, I am sing off, I am sing off and face of the above F with his hand at one time, and Defendant B am sing off from a convenience store by combining it with it, and assaulted F’s chest twice.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of the 112 reported case by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, I, and F;

1. A criminal investigation report (to attach mobile phone image data taken by a police officer from the same police officer), and the application of CD-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the Defendants who choose the punishment: Articles 136 (1) and 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Probation and community service order Defendants: The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] Type 1 basic area (the decision of sentence of imprisonment between six months and one year and six months) [the decision of sentence] as follows, and the defendants’ age, character and behavior, health conditions, the degree of assault exercised by police officers, the contents and circumstances of the instant crime, and the circumstances after the crime, etc. shall be determined as ordered by the order.

1. Circumstances unfavorable to Defendant A: The Defendant’s assaulted a police officer who was dispatched to the police station by filing a report of occupational caution due to his/her failure to pay the drinking value, and obstructed legitimate performance of official duties; thus, the crime is not good in light of the details, method, mode, etc. of the assault.

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