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(영문) 창원지방법원 통영지원 2019.02.13 2018고단1323

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 21, 2018, at around 18:12, 2018, the Defendant: (a) reported that he was a host, and (b) reported that he was a host, and (c) he solicited the Defendant to return home, and (d) the Defendant c, who was called up, was at one time at the time at the time of the police officer’s knife.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling 112 reports and preventing crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning the case

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

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 sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. Determination of sentence of this case is against the defendant's recognition of the crime of this case, submission of an application for non-compliance with the punishment of a victimized police officer, on the other hand, considering the fact that the defendant has been punished by a fine for the same kind of crime, the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., various sentencing conditions stipulated under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, circumstances after the crime, and