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(영문) 창원지방법원 통영지원 2018.07.18 2018고단515
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 March 31, 2018, the Defendant reported that he was sexual harassment on the road in front of the “C cafeteria” in Tong Young-gu, Tong Young-gu, 2018, and received a request for voluntary accompanying from a slope victim E (44 tax) affiliated with the police box in the Gyeongnam-gu, Gyeongdong Police Station D (44 tax), and called “A” from the victim after the patrol, “I am son, I am son, I am son, I am am son, I am son, I am son, I am son, I am son, I am son, and I am am am son, I am am am son, I am am son, I am am son with the victim’s left side.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 reported cases, and at the same time, damaged the victim's character of face requiring medical treatment for about 10 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Investigation report (Attachment of a photograph of the damaged part);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Where he/she interferes with the performance of public duties in the increased area (six months to two years) (referring to a special aggravated person) of Category 1 (General Bodily Injury) on the basis of the sentencing guidelines.

3. The sentencing conditions provided by Article 51 of the Criminal Act, including the fact that there is no agreement with the victim with whom the decision of sentencing was made, and the age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of the accused, and the sentencing guidelines for the enactment of the sentencing committee of the Supreme Court, shall be determined as set forth in the disposition.

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