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(영문) 창원지방법원 통영지원 2020.02.11 2019고단1318
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 11, 2019, the Defendant assaulted the following: (a) on the floor of the right hand hand hand hand hand hand hand hand hand hand hand hand hand of the said E, and (b) the Defendant attempted to walk the said E’s left face hand hand hand handbucks, and attempted to walk the said E’s buckbucks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of statutes on field photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. In addition to the Defendant’s speech and behavior and the degree of violence at the time of the instant crime, the police officer did not have serious damage due to the instant crime, and the Defendant recognized his mistake, and there was no similar criminal record after the sentence of suspended execution due to obstruction of performance of official duties, etc. around 193, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, as stated in the arguments, comprehensively taking account of all sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., the execution of the sentence is to be suspended on the premise

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