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(영문) 창원지방법원 통영지원 2017.07.04 2017고단618

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 26, 2017, at around 22:50 on April 26, 2017, the Defendant Haba, a residence of the Defendant, which is located in Tong Young-si B, Haba and Haba.

The phrase “I am intending to am out of her fire” would see that I would like to see the Defendant’s wife from D police officers assigned to the police station C police box at the scene after receiving a 112 report. “I would like to see the Defendant’s wife, I would like to see this weather ring out, she would like to see South Korea’s family history, and she would knee knee with the left side kne.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to arrest and report cases;

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

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to one year and four months) (the person who is subject to special sentencing] of the types of crimes obstructing the performance of public duties, which constitute a crime obstructing the performance of public duties.

3. The sentence of this case is an unfair infringement upon police officers’ legitimate performance of official duties, and the case is not easy. However, considering all the circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments and records, such as the defendant's age, sex, environment, motive of the crime, means and consequence, etc., the sentence is determined as ordered.