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(영문) 창원지방법원통영지원 2020.12.22 2020고단954

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On July 25, 2020, the Defendant committed assault, such as taking a bath to E, and taking a hand, when he was under the influence of alcohol and requested a policeman to return home, on July 25, 2020, to E (V, 29 years old) belonging to the Gyeongnam-gu Police Station D District Unit of the Gyeongnam-gu Police Station, which was called after receiving a report of 112 from “C” in front of 23:56, which was under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statement statement;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: The sentence shall be determined as per the order, in consideration of all the circumstances including six months of imprisonment, the developments leading to the crime of this case for two years of probation, the degree of obstruction of performance of official duties, the previous criminal records of the defendant, the fact that the defendant is against the defendant, etc.;