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(영문) 창원지방법원 마산지원 2019.10.29 2019고단733
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 17, 2019, the Defendant assaulted E, such as “Yeong-dong Police Station Down-gu, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Mana-si, Mana-si, Mana-si, Mana-si, Mana-si, Mana-si, Mana-si, Mana-si, Mana-si, Mana-si, Ma, Ma

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on the photograph of the case

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. The Defendant: (a) expressed a desire to and assault the police officer who had aided him; and (b) expressed a assault.

The nature of the crime is not that of the police officer due to the use of the defendant's assault.

However, the defendant recognizes and reflects the crime.

Even though police officers do not suffer injury, they are not serious.

There is no criminal record for the same crime, and there is only three-time fines for other crimes such as violent crimes before 2003.

The age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed, all the sentencing conditions shown in the records and arguments.

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