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(영문) 창원지방법원 통영지원 2015.12.11 2015고단864

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On July 25, 2015, at around 23:30 on July 25, 2015, the Defendant assaulted the following parts of the instant E on one occasion on the left hand, by stating that “A police officer belonging to the D Zone who was dispatched to the site after receiving a report on 112 regarding violence in C, was a fluorous player, who was within the inside, is a profist, who may die, and who will die as a police officer.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Scope of the recommended sentence according to the sentencing guidelines - The basic area (from June to April) of the obstruction of performance of official duties - the decision of the sentence that there is no special person: No more unfavorable one: The crime of this case is committed against the police officer performing official duties, and the nature of the crime is not easy; the crime of this case is committed against the police officer performing official duties; there is no record of punishment for the same kind of crime; the defendant is against the defendant; the defendant is against the defendant's age, character and behavior, environment, circumstances after the crime, etc.; and all of the sentencing conditions specified in the arguments and records of this case shall be determined as the order.