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(영문) 창원지방법원 통영지원 2016.01.20 2015고단1065
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On October 18, 2015, the Defendant expressed a desire to the victim C on the ground that the victim C (22 years of age) was released from the flue-si 19:40 Doo-si 19:40 on the ground that the victim C (22 years of age) flue flue-si Hashed the flue at the 4-lane of war, and that the victim D (22 years of age) flue the flue of the victim D (22 years of age), and the victim D (22 years of age) flue the flue of the victim C’s chest, flue the flue of the flue-si flue, b

2. On October 18, 2015, the Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning handling reports on 112 reports by assaulting the police officer, such as breaking up, plucking, plucking, etc., booming the 112 persons belonging to the G District Team in the Sado Police Station, dispatched to the site after receiving a report from the F cafeteria in front of the F cafeteria, E on the same grounds as the preceding paragraph, and 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, C, and H;

1. Application of Acts and subordinate statutes to each investigation report (a photograph, victim telephone statement);

1. Articles 136(1) and 260(1) of the Criminal Act and the choice of imprisonment with labor for the crime concerned;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of the recommended punishment] and the scope of the final punishment due to the aggravation of multiple offenses, for which the basic area (from June to January 1) (no person subject to special sentencing) (the scope of the recommended punishment) of the crimes of Category 2 (Assault), which has no person subject to special sentencing], is the basic area (from February to October) (no person subject to special sentencing) (no person subject to special sentencing): Six months to September: 6 months to September;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: Between the victims and the police officers who were forced to return to the victim and interfere with the performance of official duties;

point - favorable circumstances: The developments leading up to the occurrence of the incident, the fact that the violence was committed, the degree of damage to the victims, and mentioned above.

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