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(영문) 창원지방법원 마산지원 2020.05.19 2020고단141

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 20:10 on July 3, 2019, the Defendant sought to the Msan-dong Police Station C District District of the Msan-si, Msan-si, Msan-si, and on July 2, 2019, the Defendant, who was in July 2, 2019, stated that the Defendant’s revocation of the Jeju-dong Police Station C District of Msan-si, Msan-si, and that the Defendant, while showing the video materials taken on July 2, 2019 by D’s police officers belonging to the said district, intended to explain the circumstances of the instant case, and expressed that D, “I am fly with a night, Chewing fly fly, and fly with a view to “I am fly,” and expressed D’s son’s son’s s

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning civil petition handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to speaking within the suspect's seat);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Death sentence by public prosecutor: Eight months of imprisonment.

4. The Defendant, who was dispatched to the 112 Report as of the preceding 112 Report, committed an assault and interfere with the performance of official duties by committing an assault, such as: (a) the police officer, who was found in the earth to have taken a bath in order to resist the measures taken by him; and (b) showing the images taken by the Defendant’s happiness.

On October 23, 2019, the punishment of a fine was imposed for the same crime in 2013. However, on February 2019, the police officer called out after receiving 112 report was sentenced to a fine of KRW 5 million in the Changwon District Court Msan Branch on October 23, 2019.

(2).