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(영문) 창원지방법원 마산지원 2018.04.10 2018고단112

공무집행방해

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A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 24, 2017, around 19:30 on November 24, 2017, the Defendant sent to the front door of his residence located in the Haan-gun, Haan-gun, Haan-gun, after receiving a report from 112 that her husband is at the time of her husband, and was under way to find out the circumstances of the case against the Defendant, etc., the Defendant was assigned to E in the circumstances belonging to the Haan Police Station Dern, which

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C. He expressed his flab her flab, “................. the chest part of the F was made once due to the left side drinking.

Accordingly, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment imposed on a person who interferes with the execution of public duties due to an assault against F heavier than that of a crime);

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The scope of punishment by imprisonment: One month to five years;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for one month to eight months.

(a) Determination of types: One type (Interference with the execution of public duties/ coercion of duties) that interferes with the performance of public duties;

(b) Special sentencing factors: Where the degree of assault, intimidation, deceptive scheme, or interference with official duties is insignificant (a factor to be mitigated);

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: The sentence of imprisonment with prison labor shall be imposed within the scope of the recommended sentence, considering the fact that the defendant has already been sentenced four times by an act of violence (including juvenile protection dispositions), and that the defendant has already been sentenced to imprisonment with prison labor, in particular, for three months, or one year of suspended sentence;

However, the defendant is the case.