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(영문) 창원지방법원 2015.04.08 2014고단3015
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 August 28, 2014, around 00:45, the Defendant took care of the victim D (the 22 years of age) who is an auxiliary police officer belonging to the Changwon Police Station C, who was in charge of providing civil petition guidance and office building protection at the Changwon Police Station at the top of the top of the window of Changwon-si, Changwon Police Station at the Changwonwon Police Station at the Changwonwon Police Station, and received a request to return home from D without any justifiable reason, and took care of the victim's chest against him, and took one time the victim's chest against him.

As above, the Defendant assaulted a police officer to interfere with the police officer’s legitimate performance of duties concerning guidance on civil petitions and protection of government office buildings.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area (referring to six months of imprisonment or one year or four months of imprisonment) of the obstruction of performance of official duties;

2. The crime of this case where the Defendant, while under the influence of alcohol, obstructed the legitimate execution of official duties of D without any reason, is not good in light of its circumstances, and requires strict punishment for obstruction of performance of official duties, such as the crime of this case, in order to protect the State’s legitimate function and to establish a sound social order. The fact that the Defendant was sentenced to a fine for violent crimes, is a reason for sentencing unfavorable to the Defendant.

However, it is the reason for sentencing favorable to the defendant, such as the fact that the defendant is both aware of the crime of this case and reflects the mistake, that the defendant is aware that there is a problem due to alcohol dependence on himself, and that he is trying to improve it, such as receiving hospital treatment, etc.

The age, character and conduct of the accused, and others.

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