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(영문) 창원지방법원 2016.06.22 2016고단706
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. Defluencing the Defendant at a “C” restaurant located in the counter B of the Changwon-si, Changwon-si, on January 15, 2016, and among customers.

On the ground that the victim E (50) was informed of the details of the fighting team belonging to the Changwon Police Station D (50) who was dispatched after receiving a report on the 112 report that the fighting should be conducted, the victim was openly insultingd by the victim, who was sent by the reporter, under the supervision of F, G and other restaurant customers and employees of F, G, etc., for the reason that the victim was informed of the details of the report.

2. The Defendant interfered with the performance of official duties, at the same time, at the same place as indicated in paragraph 1, and at the same time and place as indicated in paragraph 1, was prevented from taking a bath from H, such as the above E, and used h’s flaps, to flaps, and used h’s flaps at three times as drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to E and H;

1. Articles 136(1) and 311 of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for the crime concerned;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] includes the crime of insult in the judgment that there is no sentencing guidelines that there is no person subject to any special sentencing [6 months to 1 year and 4 months] in the basic area (and no person subject to any special sentencing]. Thus, the lower limit of the recommended punishment on the crime of obstructing the performance of official duties as indicated in the judgment of the basic criminal should be considered. [the sentence is determined] The act of assaulting and insulting the police officer dispatched by the defendant upon receiving a report 112 must be punished strictly. However, the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, means and result of the crime of this case, etc. shall be determined by taking into account the various circumstances of sentencing as indicated in the records, such as the following:

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