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(영문) 창원지방법원 밀양지원 2018.06.07 2018고단176

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

Reasons

Punishment of the crime

At around 02:50 on January 5, 2018, the Defendant received 112 report from “C Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Sing Sing Sing Sing Singing Singing Sing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Sing

Accordingly, the defendant assaulted and threatened a public official who is performing legitimate duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to G, F, and E;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no person [the person who is subject to special sentencing] in the basic area (6 months to one year and six months) of the type 1 (Interference with the performance of official duties and coercion of duties) [the decision of sentence] (the decision of sentence shall be made in consideration of the following circumstances and the defendant's age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the records, such as the following circumstances, the sentence shall be determined within the scope of recommended punishment according

Unfavorable circumstances: A favorable circumstance that requires strict punishment of interference with the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order: A person who has no record of punishment exceeding fines for the last ten years.