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(영문) 창원지방법원 통영지원 2015.08.19 2015고단534
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 00:00 on January 5, 2015, the Defendant was under the influence of alcohol in C located in C located in C located in C located in C located in C located in C located in C located in C located in C located in the city, and the Defendant was employed by police officers belonging to the D located in the D located in the G located in B located in B located in B that was dispatched after receiving a report in order to take protective measures.

At around 00:20 on the same day, the Defendant was able to have avoided any disturbance, such as smoking tobacco and working for the police officers who want to “Yeeee fri fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f.,

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Damage photographs;

1. Application of Acts and subordinate statutes concerning field image;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Determination of sentence - Unfavorable circumstances: Crimes of obstruction of performance of official duties are not good;

(k) favorable circumstances: The fact that it appears to be a contingent crime, and reflect on it;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.

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