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(영문) 창원지방법원 마산지원 2016.04.26 2016고단93

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2015, at around 20:13, the Defendant: (a) was divingd from the stairs of the C building in Changwon-si, Changwon-si B; (b) reported on 112 that “A person was used for the main house”; and (c) the police officer affiliated with the Masan Police Station D police box in the Masan-si, Masan-si, who called to the site after receiving a report on 112 report, solicited the Defendant to return home; (b) performed a bath, i.e., “S. fe., f.,” and performed a bath, i.e., “S. f., f., f., f.,” and f.

As a result, the defendant assaulted E who is a police official, and interfered with legitimate execution of duties concerning the settlement of reported cases, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to a photograph of violence against snow of a victimized police officer);

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. 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. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year and four months [the scope of the recommended punishment]; the basic area (up to six months and one year and four months) (up to one year and four months) of the basic area (up to one year and four months); and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: The crime of this case was committed even though there have been many records of punishment as violent crimes including punishment.

The favorable circumstances: Recognizing and opposing the facts charged in this case.

The degree of violence is not very serious.