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(영문) 창원지방법원 통영지원 2017.08.23 2017고단845
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On August 10, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a special injury at the Changwon District Court, and on October 21, 2016, the Defendant completed the execution of the sentence at the Changwon Prison.

[2] On June 23, 2017, the Defendant, while under the influence of alcohol in a west-dong (Shodong), was under the influence of a police officer, who was dispatched to the scene after receiving a report from 112, does not want to handle the case to D and E by the police officer assigned to the C police box to the scene.

I stated that he was able to go to the cultural massage hall located on the coast of Tong-young and was on board the patrol vehicle.

At around 00:20 on the same day, the Defendant committed assault to police officers, such as getting out the patrol vehicle, going on the road in front of the cultural massage day, which is located on the 313 west, along the flaps, at the flaps of the said police officer, who was requested to get out of the 313 flaps. The Defendant flabed the flaps of the said D with hand, locking off the flaps of the flaps, cutting off the flaps of the said E with the left shoulder.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. 112 incident report and photographs;

1. Investigation report (to hear statements by E police officers by telephone);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the current status of personal expropriation of a suspect);

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

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. The defendant who has been sentenced to a fine due to a crime of interference with the execution of official duties in 199 and is punished by a fine and imprisonment with prison labor for a crime of violence.

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