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(영문) 창원지방법원통영지원 2020.10.14 2020고단604
공무집행방해등
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

1. On May 8, 2020, the Defendant received a demand from the victim for a change from the victim by avoiding disturbance, such as by searching in the state of drinking at the victim C’s house at the time of a show of alcohol at around 21:10.

However, the defendant does not respond to the request and until he is arrested as a flagrant offender with a police officer dispatched by a report of the victim at around 23:25 on the same day, the defendant shall avoid disturbance at the house of the above victim, and the person who has locked in a sofac wave shall leave the victim without justifiable reasons, such as

The Gu refused to comply with the Gu.

2. The defendant, at the time and place specified in paragraph (1), shall leave the scene of the obstruction of performance of official duties throughout several times from the police officer E, etc. belonging to the police box of the Gyeongnam Police Station, who was called out after being reported 112 while avoiding the disturbance.

The police officer's legitimate execution of duties concerning the handling of 112 Report was obstructed by assault, such as taking a bath to E, taking a hand when he/she takes a clothes, arms, etc.

Summary of Evidence

1. Application of the Act and subordinate statutes on CD(s) in the police statement C to the defendant's legal statement F

1. Relevant Article 319(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

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 scope of punishment by law: Imprisonment for one to five years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Second offense (incompetence or non-incompetence);

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (a concurrent crime with an offense for which no sentencing guidelines are set);

(d)in penalty;

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