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(영문) 창원지방법원 2020.08.27 2020고단965
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 7, 2020, the Defendant: (a) boarded a taxi driven by B on March 7, 2020; (b) continuously saw the article to take a bath; and (c) visited the D Zone in Kimhae-si C along with the foregoing article; (d) at the time, the Defendant was asked the police officer E who was working in the said Zone E at the said Zone, and was able to ask the police officer questions about the circumstances of the instant case, while taking a bath to the said police officer, he was able to take the eye of the said police officer at one time due to the head of the Defendant.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on global situation service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on the investigation of CCTV-cape and damaged photographs (No. 4);

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. The crime of this case, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, is not likely to have the face of a police officer who properly performed his/her official duties, and the defendant has a criminal record related to violence even before the instant case and has a criminal record of suspended execution of imprisonment, etc., the defendant's responsibility is heavy.

However, it is reasonable to consider that the defendant reflects his mistake.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, the background and result of the instant crime, and all of the sentencing factors as shown in the records and arguments, including the circumstances after the crime.

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