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(영문) 창원지방법원 마산지원 2020.02.25 2019고단1251
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 11, 2019, around 02:47, the Defendant: (a) committed assault, in front of the “C” singing room located in the Simpo-si Mapo-si Mapo-si Mapo-si Mapo-si B; (b) the Defendant, upon receiving a report from 112, committed assault, such as: (c) the police box belonging to the Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-gu Mapo-Spo

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes, 15 copies of a report on investigation (Attachment of a flamp image data), and photograph;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. The Defendant rendered a sentence of sentence that obstructed the performance of official duties by committing an assault, such as pushing a police officer who was urged to return home from the police officer, prices the trees, etc.

The nature of the crime is not good by imposing direct attack on police officers.

However, even though police officers did not have any injury.

The degree of violence is relatively weak.

One time of fine due to other crimes.

In addition, all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be considered as the order.

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