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(영문) 창원지방법원 통영지원 2016.09.29 2016고단974

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 10, 2016, the Defendant is a person under the influence of alcohol on the street in front of the “abstinence store” located in B at a obstin city on June 10, 2016.

The phrase “D,” stating that D’s circumstances belonging to the G District District of the Dongdo Police Station C, dispatched upon the report of 112, she was expressed as “Ne Mani Mani, this kind of Mani Mani Mani, who was on the day of the report, was flue,” and that he was fluored with the said D’s title, and that she was flueenced with fluent Australia.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

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 sentencing criteria [Scope of the recommended punishment] Class 1 (Interference with the performance of public duties and coercion of duties) area (one month to eight months) of mitigation area (person who has been specially mitigated) shall not be punished;

2. The Defendant’s specific reason for sentencing is against the Defendant’s wrong judgment, and the police officer who has suffered from the penance wishes to take the Defendant’s prior action (in September 12, 2016, submission of a written application for punishment to the Defendant) is determined as above on the grounds that the Defendant was sentenced to punishment by taking account of the Defendant’s age, sexual behavior, environment, family relationship, social relationship, circumstances leading to the commission of the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances after the commission of the crime, etc.