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(영문) 창원지방법원 진주지원 2018.02.23 2017고단1195

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 22, 2017, the Defendant assaulted the Defendant, at the front of the city of Jinju, Jinju, 19:10, in order to prevent the victim D(22) driving cars and to turn on the victim’s knife two times while the victim flifes the flife, the Defendant opened the driver’s seat of the said car and flife the flife of the victim by hand.

2. On March 23, 2017, around 10:30, the Defendant: (a) granted KRW 9,000 to the F in Jin-si, Jin-si; (b) returned the money to the Defendant; and (c) received money from the business owner on the ground that he/she did not take it; (d) he/she was out of the upper part of the Defendant, and was in the front of the patrol, and was in the front of the patrol, she expressed the desire to “Bara, Sho Ma, Sho Ma; and (e) obstructed the police officer’s legitimate execution of his/her duties by taking one time at the top of the neck of the said H, thereby interfering with the police officer’s legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. Scenic photographs;

1. Photographss by capturing a black stuffe image;

1. Application of statutes on field photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Class 1 - The sentence of recommending interference with the performance of official duties: Six months to one year and six months (basic areas): None of them;

(b) 2nd offence - The sentence of recommendations to make a width: there shall be no special sentencing factors from February to October (basic areas):

(c) Many crimes: From June to November; and

2. The defendant who was sentenced to a fine for a crime of interference with the performance of official duties in around 2013 has not been sentenced to a fine, and the age, sex, environment, the circumstances and means of this case are different from that of the defendant.