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(영문) 창원지방법원 통영지원 2016.11.16 2015고단901

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

At around 04:40 on June 7, 2015, the Defendant: (a) was living together with the head of the Dong-gu Police Station D District, where he was found in the Hague C’s residence and was called out after receiving a report, and the head of the Dong-gu Police Station D District E, the head of which was called out after leaving the said residence to stop home; and (b) refused to return home after leaving the said residence; and (c) the Defendant “Isk one time bran,” and “Isknish, Isnish, Isnish, Isnish, Isnish, and snick, Isnish, and interfere with the police officer’s legitimate execution of duties regarding the prevention and suppression of crimes.”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The basic area (six months to one year) of the obstruction of performance of official duties according to the sentencing guidelines of the Supreme Court; and

2. Determination of sentence - Determination of disadvantageous circumstances: The nature of the offense of this case, which assaulted a police officer already in prison, is not good, and escape without attending a long time trial;

(k) favorable circumstances: The degree of assault does not seem to have so serious, and there is no serious criminal record except for the suspension of execution in 1988;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime, shall be taken into consideration to determine the sentence against the defendant.