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(영문) 창원지방법원 통영지원 2021.03.04 2020고단1555
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2020, the Defendant, after receiving a report from 112 that a host in front of B apartment at the time of 02:35 occ. B, she went out of the police officer of the Gyeongnam-gu Police Station C District of the Gyeongnam-gu Police Station, Gyeongnam-gu, Seoul, who was called “I am home and her home home,” was under the influence of alcohol, and was committing assaulting the Defendant, such as putting off clothes he was under the influence of alcohol, and she was under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's protocol of oral statement;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: The sentence shall be determined as per the Disposition, taking into consideration all the circumstances, including six months of imprisonment, one year of suspended sentence, the developments leading to the crime in this case, the degree of interference with the performance of official duties resulting therefrom, the previous criminal punishment records of the defendant, etc.;

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