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(영문) 창원지방법원 통영지원 2019.05.14 2019고단225
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

Punishment of the crime

On February 9, 2019, at around 23:35, the Defendant was under the influence of alcohol on the street side of the “Cju shop” located in the Camb, and received 112 report to the effect that “a person under the influence of alcohol is under the influence of alcohol,” and was urged by the police officer belonging to the D Zone Unit of the C Zone of the Cambal Police Station dispatched to return home from E, leading the two arms of the above E several times, and assaulted three consecutive times of the inside of the E by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes of Chapter 1 CD for damage photographs, etc., 'badig' image-fags-fags-fags-fags-fags

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. Although the Defendant had been convicted of violence several times, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions as shown in the pleadings, such as the circumstances after the crime, etc., the sentence is determined as ordered and the execution of the sentence is suspended on the premise that the performance of the community service order is faithfully performed.

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