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(영문) 창원지방법원 통영지원 2016.05.12 2016고단258

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On March 13, 2016, the Defendant, at around 06:00 on March 13, 2016, she sawd in the front of the C District Zone in the macro-Sagu Police Station C District, and she left the office entrance and the civil petition room in his/her hand while leaving the boom and the cellular phone which he/she gets out of the floor, and she committed violence by her booming his/her arms while taking a boom with his/her view to continuously parked patrol vehicles.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on global situation service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the degree of violence is minor in the mitigation area (one month to eight months) (one month to eight months) of the mitigation area (a person subject to special mitigation) of the sentencing criteria [the scope of recommended punishment] that interferes with the performance of public duties;

2. The defendant's specific reasons for sentencing are as follows: (a) under the influence of alcohol, even though having multiple criminal records of the same kind of crime, including one time before and after the suspension of the execution of the same kind of crime; (b) the degree of assault by the defendant, which was relatively insignificant to prevent the crime of this case, is relatively insignificant; and (c) the defendant's age, sex, environment, circumstances leading to the crime, means and consequence, etc., considered the defendant's age, sex, circumstances leading to the crime, means and results, and the conditions of sentencing as stipulated in Article 51 of the Criminal Act