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(영문) 창원지방법원 2020.04.03 2019고단4147

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 2, 2018, the Defendant was sentenced to three months for perjury and aiding and abetting criminals at the Busan District Court, and on July 2, 2018, the Defendant was released from detention at the Busan Detention Center, and the execution of the sentence was terminated.

【Criminal Facts】

On September 27, 2019, at around 02:35, the Defendant: (a) 112 reported in front of the Jindo-si, Changwon-si; (b) She was able to shot Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don, and was bl Don Don, such as the Defendant Don Don Don Don Don Don, and Don Don Don Don Don Don Don

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 Reporting case handling table;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, inquiry reports on criminal records, written judgments (Evidence No. 12), current status of confinement of individuals;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The sentencing criteria based on the sentencing criteria do not present a separate processing criteria for commercial concurrent crimes, but refer to the sentencing criteria in determining the sentence.

[Determination of Punishment] The "Obstruction of Performance of Official Duties" / [Type 1] No person who has been forced to perform his/her duties (the scope of recommendations / the scope of recommendations ] basic area, six months to one year and six months.

2. The sentencing conditions set forth in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, home environment, motive for committing a crime and circumstances after committing a crime, and the sentencing guidelines set forth in the sentencing guidelines, shall be taken into consideration in the following circumstances:

[Unjustifiable circumstances] The Defendant committed his act at the time of the instant case.