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(영문) 창원지방법원 진주지원 2015.04.01 2015고단69

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

At around 06:03 on December 19, 2014, the Defendant assaulted the police officer’s legitimate execution of duties concerning the handling of report by the police officer, on the ground that the slope E belonging to the Jinju Police Station D District Unit, which was called out after receiving a report on the ground that there was a disturbance due to the lack of drinking value while drinking a mixed alcoholic beverage at C located in Jinju-si B, and that he would pay the drinking value to the Defendant at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The range of sentence recommended on the sentencing criteria: Imprisonment with prison labor for not less than one month but not more than eight months (the determination of types): the obstruction of the performance of official duties or coercion of duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of recommendations) and the extent of punishment is between one month and eight months;

2. Determination of sentence: A sentence shall be rendered in six months of imprisonment with prison labor, and even though the defendant had been sentenced to a suspended sentence due to the same kind of crime, if he/she committed the crime in this case, the criminal liability of the defendant is less than that of the defendant in light of the fact that he/she committed the crime in this case. However, the defendant reflects his/her depth in the crime in this case by agreement with the slope E, the defendant does not want the punishment of the defendant, the degree of the defendant's assaulting the slope E is not excessive, considering the circumstances favorable to the defendant, and the punishment shall be determined as ordered in consideration of various sentencing conditions specified in the arguments in this case