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(영문) 창원지방법원마산지원 2020.12.22 2020고단1099
공무집행방해
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 29, 2020, around 23:35, the Defendant sold the E-sing practice room alcoholic beverages at the D Kinging practice room located in Changwon-si, Masan-si, Masan-si, Masan-si, and reported by 112, that the Defendant sold the E-sing practice room alcoholic beverages. The Defendant threatened the Defendant, as seen in the above G, on the ground that the police officers assigned to the Finger of the Masan-dong Police Station, who called the Finger of the Masan-dong Police Station, visited the Defendant for the purpose of confirming the Defendant’s contents of the report.

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

2. At the time, at the time, at the place specified in paragraph 1 above, the Defendant stated that “A takes a bath and assaults to G during the police officer assigned to the Msandong Police Station Fabab, as described in paragraph 1 above,” and tried by plucking, plucking, and plucking up the above G, which “A takes a bath, embling, and locking a lock,” and the reported person “A.”

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on internal investigation reports (referring to the attachment, etc. of circumstances and relevant photographs at the time);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence; and

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] of obstruction of the performance of official duties [Article 1] The obstruction of the performance of official duties/performance of official duties [No person who has been subject to special punishment] [the scope of recommendations and recommendations].

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