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(영문) 창원지방법원 통영지원 2019.11.21 2019고단1139

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

On September 22, 2019, at around 01:15, the Defendant: (a) was urged to return home from the head of the police station D District of the macro-gu Police Station, which was called upon a 112 report, and had obstructed the progress of the patrol car for approximately three minutes by putting the shoulder of the above E in his/her hand at hand, and continuously 01:30 on the road prior to the same day; (b) the door of the car to close and return the 112 reported case, and preventing the progress of the patrol car for about three minutes by blocking the front of the patrol car.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of Acts and subordinate statutes to a photograph by cutting a black stuff image;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

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/non-performance of official duties [the scope of recommended areas and recommendations], the basic area of recommendation [the scope of recommendation areas and recommendations], six months to one year and six months.

3. Although the criminal defendant, who had been punished for the same kind of crime as the sentencing decision, commits again the crime of this case, the liability for the crime of this case is not easy, taking into account the circumstances leading to the crime, the degree of assault against police officers, the time of and reflect against the crime, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, and the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, as ordered.