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(영문) 창원지방법원 통영지원 2020.02.05 2019고단1425
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 21:50 on Nov. 19, 2019, the Defendant insultingd the victim by openly insulting the victim, while the victim E (the police officer 56 years of age) who is a police officer of the Tong-gu Police Station D police box called the victim’s “a breath, breath, breath of breath of breath of breath of breath of breath of breath of 2019,” after receiving a report 112, was aware of the details of the report by the victim E (the police officer of the Tong-gu Police Station).

2. The Defendant, at the time and place specified in Paragraph (1) of the performance of official duties, was issued by police officers G of the Tongdong Police Station, who were dispatched after receiving a report 112, to the Defendant’s on the Defendant’s on the Defendant’s on-site urine in violation of the Punishment of Minor Offenses Act, and obstructed the police officers’ legitimate performance of duties regarding the Defendant’s on-site urine urine by having the Defendant put the Defendant’s on one time with the Defendant’s on-site urine, and attempted to put the Defendant’s chest into the entrance by tearing the Defendant’s on-site urine, and obstructed the police officers’ 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G, E, and F

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

B. Class 2 (Determination of Punishment) of the Act on the Aggravated Punishment, etc. of Defamation (Type 1) is the recommended field of the general insult (special person) and the recommended field.

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