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(영문) 창원지방법원 통영지원 2016.06.22 2016고단372

공무집행방해

Text

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

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 December 19, 2015, the Defendant, at around 03:10, at around 03:10, obstructed the legitimate performance of duties by the police officers on the part of the next police officers with regard to the handling of reported duties by the second police officers on the roads located in Suwon-gu, Busan, but under the influence of alcohol, after receiving 112 reports, and the E details belonging to the D District of the Busan Southern Police Station and the F Racing, called the Defendant under the influence of alcohol. On December 19, 2015, the Defendant, at the same time, obstructed the performance of duties by the police officers with regard to the handling of reported duties by the second police officers on 112 occasions.

2. The Defendant was arrested as the current offender on the day of assaulting the police officer as above, and became to enter the district located in Suwon-gu G in Busan.

At around 03:34 on the same day, the Defendant interfered with the legitimate performance of duties by police officers in relation to the management of the next new illness by sending the Fbucks section, which was to check the status of the Defendant’s locks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. CCTV video CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] and the scope of the final punishment according to the aggravated punishment for concurrent crimes for which there are no basic areas (six months to one year and four months) (the person subject to special sentencing] of the types 1 (Interference with the performance of official duties and coercion of duties): Six months to two years;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The nature of the crime of this case committed by assaulting a number of police officers who have suffered staticly:

- favorable circumstances: the circumstances of reflectivity, such as the fact that it appears to be an contingent crime in the state of drinking, that the degree of assault is not likely to have so serious, that it does not have any particular punishment power other than fines two times, and that it is subject to punishment to the victimized police officer.