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(영문) 창원지방법원 통영지원 2018.01.18 2017고단1351
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On August 12, 2008, the Defendant was sentenced to the suspension of the execution of official duties in the Busan District Court for six months. On February 15, 2013, the Defendant was sentenced to the suspension of the execution of eight months in imprisonment with labor for the same crime, etc. at the Ulsan District Court for the same crime. On March 27, 2014, the Defendant was sentenced to a fine of KRW 12 million in the Busan District Court for the same crime, etc.

[criminal record] On August 24, 2017, at around 03:41 on August 24, 2017, the Defendant expressed to C of the Mado Police Station, who was called out after receiving a report at around 112 at around 19:3:41, the Defendant tried to assault with his/her hand while booming for money.

계속하여 피고 인은 지원 요청을 받고 출동한 위 경찰서 소속 순경 E이 피고인에게 귀가할 것을 권유하자 "야 이 씨 발 새끼들 아, 좃같이 하네" 라며 순찰차에 막무가내로 타려고 하는 등 난동을 부리고, 이를 제지하던 위 E에게 “ 나를 감당할 수 있겠냐

“,” and one time more by hand, I am in the middle of the above E. B.

As a result, the Defendant interfered with the execution of official duties by police officers who receive the call for 112 report and perform legitimate official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A report on internal investigation (the closure and attachment of images submitted by a police officer in mobilization) and a report on investigation;

1. A damaged photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and other Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] and the basic area (six months to one year and six months) (the prevention of interference with the performance of public duties and coercion of duties) of the first type (the prevention of interference with the performance of public duties and coercion of duties) is nonexistent;

2. The crime of this case by the sentence of sentence is substantial against the police officer who wears his uniform and performs legitimate official duties.

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