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(영문) 창원지방법원 진주지원 2018.08.17 2018고단677
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2018, the Defendant: (a) around 04:10 on May 19, 2018, at around 04:0, the Defendant reported the “D week” located in Sacheon-si, Sacheon-si; and (b) on May 12, 201, the police officer F, G, etc. belonging to Sacheon-gu, Police Station Ear-gu, the Defendant called “Sacheon-gu, Sacheon-gu, Sacheon-gu, Sacheon-gu, the Defendant: (c) 112

The inside of the Republic of Korea is A

“......” The F and G have expressed a desire to do so to the Defendant “..... the humb in only the humbar and the humbb.”

"At the time of the defendant's drinking, the part of G was 1 time, and the part of F was 2 times again.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Each police statement concerning G and F;

1. Application of the Acts and subordinate statutes on black stuffs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to cases where a person interferes with the execution of official duties in the judgment);

1. Selection of imprisonment with prison labor chosen;

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, including observation of protection and community service order;

1. Recommendations for the application of the sentencing criteria: None of the persons subject to special sentencing in six months to one year and six months (basic areas):

2. The defendant who was sentenced to imprisonment on May 28, 2008 and was sentenced to a suspension of the execution of official duties on April 28, 2008 and was sentenced to 17 times punishment for violent crimes.

12. When a police officer's clothes sent out after receiving a report is drinking, the degree of violence is not minor.

However, it shall be taken into consideration within 3 years in favor of the fact that there was no previous violence crime.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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