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(영문) 창원지방법원 통영지원 2015.11.04 2015고단847
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 17:20 on July 19, 2015, the Defendant arrested a flagrant offender in violation of the Punishment of Minor Offenses Act in the vicinity of the 117 central shopping district near 17:0 on the 17th century, and assaulted the Defendant, such as the Defendant, who tried to take care of the complaint to the head of the police officer, and who continued to walk kne on his own head with the right bridge.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each report on investigation;

1. Application of CCTV images and photographs-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is minor in the scope of the mitigated area (one month to eight months) of the obstruction of performance of official duties (the scope of the recommended sentence];

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: Offenses of obstruction of performance of official duties committed against police officers who have been imprisoned;

(k) favorable circumstances: The degree of assault is relatively minor, the fact that there is no previous fact, and reflects it;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime, shall be taken into consideration to determine the sentence against the defendant.

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