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(영문) 창원지방법원 진주지원 2018.08.07 2017고단854
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 14, 2017, around 00:18, the Defendant was sitting on the side of approximately 300 meters prior to the D and E of the police box affiliated with the Jinju Police Station C in order to move to a safe place after receiving a report from 112 to the effect that there is a danger of traffic accident because the Defendant was seated on the national highways of 300 meters in the Gohap-do C of the National Road of 14,000.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. The legal statement of witness E and D;

1. Statement made by the police with respect to F, E, or D;

1. On-site photographs;

1. The defendant alleged that the defendant did not have any intention to obstruct the execution of official duties by cutting off the flag, which is flaged by the police's shoulder, and then intending to know that he is forced to go to the police headquarters by force. The defendant alleged that he did not have any intention to obstruct the execution of official duties by cutting off the flag's flag's flag, which is flaged by the police's shoulder, and was against the person who assumes the flag's flag with the police uniform, and therefore, according to the evidence of the judgment, the defendant can be acknowledged as having interfered with the legitimate performance of duties by the police officer concerning the handling of report 112, as stated in the crime, and there is no intention to interfere with the performance of official duties. Thus, the defendant's assertion is without merit.

Application of Statutes

1. Article 136 (1) of the Criminal Act, Article 136 of the Criminal Act, the grounds for sentencing of sentence of imprisonment with prison labor - Unfavorable circumstances: Defect of crime - Circumstances favorable to him/her: A person who has no criminal record of the same kind

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