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(영문) 창원지방법원 통영지원 2020.04.22 2020고단149
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

At around 02:00 on January 31, 2020, the Defendant, who received 112 report related to the cromatic type B, and received a request for returning home after paying the price from E from the police officer belonging to the D District District of the Madung Police Station, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 report by assaulting the above E with his hand, flabing the bage, flabing the bat, flabing the bat, flaping the face, flabing the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 of the community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution for two years (40 hours of social service) (limited to extenuating circumstances) (10 hours of social service)] of public authority, a crime that interferes with police officers’ performance of their official duties is required to be strict in order to eradicate the clibity of public authority;

The degree of violence used by the defendant is not easy, and it has been punished several times for crimes such as interference with the affairs committed in the state of exploitation.

[Ligue circumstances] The defendant's mistake recognized that the defendant caused the harm police officer, and as a result, the above police officer does not want to be punished by the defendant.

There is no criminal record or fine exceeding the criminal punishment for obstruction of performance of official duties.

Other circumstances revealed in the trial process of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, shall be determined as per the disposition.

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