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(영문) 창원지방법원 거창지원 2019.02.13 2018고단324

공무집행방해

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for five months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2018, Defendant A, at around 02:40, committed assaulting Defendant A, on the part of the D restaurant located in Changnam-gun, Changdong-gun, on the ground that “I am on the restaurant,” “I am on the restaurant, I am on the restaurant,” which was called “I am on the part of the police officer affiliated with the Changdong Police Station E Zone E zone,” who called “I am on the spot. I am on the part of I am on two occasions, and am on the part of I am, and am on the part of I am on the part of I am.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. Defendant B: (a) the police officers dispatched to the scene at the above time and at the above site were arrested as flagrant offender A, who was the Defendant’s living together with the Defendant who obstructed the performance of official duties; (b) the police officer G, who was affiliated with the same patrol group, called “dra. d. d. d. d. d. d. d. d. f. d. d. b.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the Act and subordinate statutes in Chapter 10 of the 112 Report Report List, E District Work Site, Domestic History Report (explication of arrested images of flagrant offenders), and CCTV image photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

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

1. The sentencing criteria [Scope of Recommendation] mitigated area (one month to eight months of imprisonment] mitigated area (a special penal person] mitigated area (a case where the degree of violence or obstruction of public duty is insignificant);

2. Elements of sentencing that are disadvantageous to the determination of sentence: The elements of sentencing that are favorable to the punishment of fines for other crimes committed by the Defendants: the Defendants committed a somewhat contingent crime at the time, and the degree of assault committed against the police officer in charge is relatively minor.