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(영문) 창원지방법원 마산지원 2018.10.23 2018고단821

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

At around 23:15 on June 17, 2018, the Defendant: (a) on the street in front of the C post office located in the Seocho-si, Changwon-si; (b) the Defendant was urged by the police officer of the Mapo-gu Police Station C police box, who was sent by the Defendant after receiving a report of 112 that he was under the influence of alcohol to enter a nearby restaurant, etc. and take a bath; and (c) on the recommendation of the Defendant to “I am out of a taxi, or was leaving at a police box,” he sawd with the said D to “I am out of a police box to go back with C. I am,” and said, he sawd him “I am on one hand, I am out of the face of D in drinking.”

As a result, the defendant assaulted police officers, thereby hindering them from performing their legitimate duties on the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on closure photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for one month to eight months.

(a) Determination of types: One type (Interference with the execution of public duties/ coercion of duties) that interferes with the performance of public duties;

(b) Special sentencing factors: Where the degree of assault, intimidation, deceptive scheme, or interference with official duties is insignificant (a factor to be mitigated);

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: The defendant, four months of imprisonment, under the influence of alcohol in the year of 2013, was able to take a bath to a police officer who was sent to the scene of disturbance, and committed violence, thereby causing bodily injury to the police officer concerned. Accordingly, the defendant was sentenced to imprisonment with prison labor for six months after he/she was found guilty of obstructing the performance of official duties and inflicting bodily injury by the court, and the execution of the sentence was suspended for one year.

However, the defendant did not open at all, and assault police officers who called for a disturbance while under the influence of alcohol and called for a disturbance, and again interfered with the execution of official duties as stated in its reasoning.

Thus, the defendant is no longer the defendant.