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(영문) 창원지방법원 마산지원 2020.06.09 2020고단296
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. Around 21:40 on February 7, 2020, the Defendant: (a) committed assault against the victim, such as the victim’s head twice in a cell phone; (b) he saw the victim’s head twice in a cell phone; and (c) continuously sprinked the victim’s head once in a cell line; and (d) assaulted the victim, such as the victim’s sprink, sprinking the ebbage.

2. The Defendant, at the above date and place of the obstruction of performance of official duties, took a bath to the Defendant’s personal information confirmation by F of the police box belonging to the Mapo-dong Police Station Embox, which was dispatched after receiving a report of 112 for the said reasons, and assaulted the F’s breath by destroying the blaps, which was required to present an identification card for identification of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers with regard to 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crimes of obstruction of performance of official duties heavier than the punishment) among concurrent crimes;

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, such as probation, community service order and order to attend lectures;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Class 2 (Crime of Violence) (Determination of Punishment).

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