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(영문) 창원지방법원 2017.11.02 2016고단3385
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 11, 2016, the Defendant: (a) around 21:40 on September 21, 2016, in front of the C District Police Station in Kimhae-si, Kimhae-si B, without any justifiable reason before the C District Police Station in the influence of alcohol, and (b) on D, who was getting off from the patrol vehicle, called “police kids, sludge,” while drinking;

While drinking, I expressed her desire to see that he/she shall be treated as drinking, but he/she shall be treated as a monthly dynase, maute, gy fynase, after being treated as a fynase.

Therefore, even though the above D demanded the defendant to produce identification cards to notify the defendant of the disturbance of alcohol under the Punishment of Minor Offenses Act, the defendant was unable to continue to resist, and the above D confirmed that the defendant was under the influence of alcohol, and entered the above district as it was.

Then, the Defendant expressed to the above D, who got away from the earth, and dealt with other cases, that “I am friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. Circumstances disadvantageous to the decision of sentence: The defendant's act of assaulting a police officer on duty to obstruct the performance of official duties is highly favorable to the necessity of punishment: The fact that the defendant has no record of punishment for the same kind of crime, and the degree of assault is relatively excessive;

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