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(영문) 창원지방법원 통영지원 2017.04.18 2017고단150
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around January 21, 2017, the Defendant 23:20, at the cel located in B at the cel on January 21, 2017, 2017, she saw that “the Defendant was a person who frighting to drunk,” she saw the Defendant to stop her and her home to stop her, and she her home to stop her, and she her home to stop her home to stop her, “I am out, I am out, I am out, I am the above E’s right shoulder at one time with his/her hand, and her face her face at two times. Accordingly, the Defendant interfered with a police officer’s legitimate performance of duties in relation to the prevention, suppression, and investigation of a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation (as to attaching a detailed statement of processing a report 112)

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 Competition;

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of each offense of interference with the execution of official duties in the judgment on the scope of the recommended punishment according to the sentencing guidelines falls under the relationship of conceptual concurrence. While the sentencing guidelines of the Supreme Court Sentencing do not present a separate method of dealing with the ordinary concurrence in the sentencing guidelines, in consideration of the purpose of the sentencing guidelines, the sentencing guidelines for the crime of interference with the execution of official duties against the police officer with the heavier punishment among each of the above offenses shall be applied [the scope of the recommended punishment] [the scope of the recommended punishment]] the basic area (6 months to 1 year and 4 months) (the person who interferes with the performance of official duties] of the basic area (the person who is subject to special sentencing] of the crime of interference with the execution of official duties.

3. The crime of this case, which was sentenced to punishment, is an unfair infringement upon police officers' legitimate performance of official duties, and is not easy to case. However, the defendant's consent to commit a crime is divided while committing a crime, the damaged police officers are not punished against the defendant, there is no record of punishment for the same kind of crime, and the defendant's age, sex, environment, and crime are committed.

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