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(영문) 창원지방법원 통영지원 2019.06.25 2019고단335

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 March 26, 2019, the Defendant reported to 112 the purport that “Accomponsing with a person who has used forged land,” while doing a dispute with D with D, while he/she intended to settle it with a forged land.”

At around 22:40 on the same day, the Defendant explained from F on the identification and procedure of forgery and concealment to a police officer belonging to the Woldo Police Station E District E District, who was called “I see how to believe the police, to directly collect internal evidence,” and assaulted by F on his body, such as keeping F in secret with his body when the Defendant was prevented, and f on his hand f on his hand, making his left hand, and f on his f on his her f on his her hump, and f on his hump.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

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

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. In addition to the degree of the Defendant’s speech and behavior and violence at the time of the instant crime, the sentence shall be determined as ordered, and its execution shall be suspended, by comprehensively taking into account the following factors: (a) the Defendant’s mistake is recognized and against himself and there is no criminal record other than the fine; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) all the sentencing conditions