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(영문) 창원지방법원 통영지원 2016.11.02 2016고단1218
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 July 25, 2016, at around 20:35, the Defendant: (a) was under the influence of a road in front of the second intersection of the Godo-gu, Godo-gu, Gyeongdong-gu; (b) discovered it by a slope C belonging to the Godo-gu, Police Station B, where he was under the patrol; (c) issued a traffic control poster to the Defendant; and (d) expressed the Defendant the desire to the said C, “I am out of the bottle, as soon as soon as I am, I am off, I am off, I am out of the bar”; and (d) was her hand, when I am and ske with the left side of the said C.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines of the Supreme Court [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Determination of sentence - Determination of favorable circumstances: the fact that the defendant seems to have committed contingent crimes that have occurred in a large number of drinking and appears to reflect;

- Unfavorable circumstances: The degree of the assault committed by the police officer, and the degree of the assault cannot be deemed to be light; the crime of this case is not good.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime, shall be taken into consideration to determine the sentence against the defendant.

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