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(영문) 창원지방법원 2015.10.14 2014고단1906
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around March 31, 2014, the Defendant: (a) sought alcohol from the D main points operated by the victim C in Kimhae-si, Kim Jong-si, Kim Jong-si; (b) however, the Defendant refused the request on several occasions of credit prior to that time; (c) the Defendant refused the request; (d) “this year, Chewing,” and demanded the victim to leave for about ten (10) minutes at least ten (10) times. However, the Defendant refused the request.

2. The Defendant, at the above date, at the place of the obstruction of performance of official duties, tried to re-enter the police officer’s legitimate performance of official duties on the 112 report handling duties by assaulting the above police officer’s face at one time as a drink, and sprinking the breath of the 112 report handling duties, by leaving the above main corridor into the front corridor of the police station E-district of the said police station, in accordance with the direction of the slopeF belonging to the said main corridor. The Defendant obstructed the police officer’s legitimate performance of official duties on the 112 report handling duties.

Summary of Evidence

1. Each police statement concerning C and F;

1. Application of statutes on photographs of damage;

1. Relevant Articles 319(2) and 319(1) of the Criminal Act for the crime, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

1. Among concurrent offenders, the reason for the sentencing of Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act [the scope of recommending punishment] : The scope of final sentencing due to the aggravation of multiple concurrent offenders who are not specially punished: The sentencing guidelines are concurrent crimes under the former part of Article 37 of the Criminal Act between the crime setting the sentencing guidelines (Obstruction of Performance of Official Duties) and the crime setting a non-established one. However, the sentencing guidelines do not apply to the lower limit is based on the lower limit set in the sentencing guidelines (six months), and there is a need for strict punishment of the obstruction of performance of official duties in order to establish the legal order of the State and eradicate the light of public power. In addition, there is a history that the defendant has been punished several times due to violent types of crimes.

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