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(영문) 창원지방법원 통영지원 2019.05.02 2019고단44

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 04:00 on January 11, 2019, the Defendant stated that “I Dob Hab Hab Hab Hab Hab Hab Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Ha

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Reasons for sentencing of imprisonment with prison labor, Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and the choice of the relevant criminal facts;

1. The scope of applicable sentences by law: Imprisonment for one month to five years; and

2. The scope of the recommended sentence according to the sentencing guidelines of the Supreme Court [the scope of the recommended sentence] shall be the basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. The sentence of imprisonment shall be imposed, considering the fact that the defendant who has many records of committing the crime, including the records of punishment twice for the same kind of crime that has been sentenced to punishment, reaches the crime of this case during the period of suspended execution of the previous crime, the nature of the crime, such as spitation, etc., is not good;

In addition, the term of punishment shall be determined as per the order in consideration of various sentencing conditions under Article 51 of the Criminal Act, such as the background leading to the instant crime, assault against police officers and the degree of infringement of legal interests arising therefrom, the timing of and against the instant crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime