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(영문) 창원지방법원 통영지원 2019.05.30 2019고단54

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 21:55 on December 21, 2018, the Defendant, under the influence of alcohol in front of the B apartment Cdong of 11:21:20, 2018, and the Defendant, upon receiving 112 report, assaulted the left face of the said F, “I am on one occasion at the left face of the said F,” such as “I am out, am out, am out, am out, am out, am out, and am out from E, and F, who was called out after receiving 112 report.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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 of the Supreme Court [decision of the type] of the obstruction of the performance of official duties: [No person 1]/ the obstruction of the performance of official duties [the scope of recommended and recommended sentence]/no person shall be forced to serve [the scope of the recommendation field and recommended sentence] basic area, six months to one year and six months.

3. The sentence shall be determined as per the order, taking into consideration the circumstances leading to the crime of sentencing, the degree of assault against police officers, the fact that a certain amount has been deposited for the purpose of restoring damage, the fact that there is no record of the same kind of crime, the time of and reflects on the crime, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various conditions of sentencing provided for in Article 51 of the Criminal Act, such as the circumstances after the crime, and the sentencing guidelines established by