beta
(영문) 창원지방법원 마산지원 2019.07.16 2019고단221

특수공무집행방해

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on February 1, 2019, the Defendant sought a complaint against the receipt of a notice of penalty payment in relation to a taxi-free plane at the Mapo-si Police Station B located in Changwon-si, Msan-si, and expressed that “I would like to kill this dog, Neas, I would like to die, but I would like to receive Neas, I would like to receive Neas, I would like to do so)” to the assistant of the Msan-dong Police Station C, working at that place, and assaulted the above police officer’s face.

As a result, the defendant assaulted the police officer with dangerous objects, thereby hindering his legitimate execution of duties concerning criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each internal investigation report (a CCTV image record photograph and CD attachment);

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. As a result of the Defendant’s determination of the sentence, the police officer was likely to suffer any minor injury, and the motive of the crime is also inconsistent with the motive of the crime, and thus, the nature of the crime is not weak.

The defendant has a career of punishing several times, including punishment sentenced for violent crimes.

However, the defendant recognizes and reflects the crime.

Even if there was no injury, there was no injury.

After filing a prosecution, the police officers and police officers who suffered damage were fully agreed.

There is no criminal conviction due to the same crime.

The age, character and conduct of the accused, and others.