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(영문) 창원지방법원 진주지원 2018.10.05 2018고단996
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2018, at around 23:50, the Defendant reported “C” in front of “C” main points in Sacheon-si B, 112, and called “Sacheon-gu, Police Station D District E, which was called out by the Defendant, and sent to the police station, “In accordance with the foregoing, Chewing police officers and food waste can carry the same, food waste can be loaded into the police vehicle.”

I would like to see this police brus "I will take a bath, such as 'I will see', see food waste brus which were located in front of the above main point, look at the face of the above slope E several times, and continuously display the face of the above slope E as I would like to keep the above slope E in mind.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Acts and subordinate statutes concerning video recording of crimes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Recommendations for the application of the sentencing criteria: Where the degree of assault is minor; and

2. The Defendant, who was sentenced to sentence, was sentenced to the suspension of the execution of official duties in 2009 and was sentenced twice more to the crime of interference with the execution of official duties in addition to the suspension of the execution of official duties, and was sentenced to the total nine times of punishment for violent crimes.

In light of the favorable circumstances, the degree of the assault of this case is insignificant.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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