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(영문) 창원지방법원 통영지원 2020.02.19 2019고단1449
공무집행방해
Text

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

On October 2, 2019, at around 20:0, the Defendant: (a) opened the studio No. B, the residence of C, and entered the 2studio No. C, and reported the Defendant to the effect that “A person without any fault,” and accordingly, C was dispatched to the said site at around 20:20 on the same day.

The defendant was arrested as a flagrant offender under suspicion of charges, such as obstruction of performance of official duties, etc., one time at the left hand, when the defendant assaulted C on the job, he was arrested as a flagrant offender, and moved to the E zone of the macro police station in H at the 20:31 on the same day, along with the police officers.

피고인을 그 자리에서 사무실로 인치하려는 거제경찰서 E지구대 소속 순경 I의 허벅지를 자신의 오른쪽 다리로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, F, and I;

1. Application of the video CD-related Acts and subordinate statutes taken by the victim;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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 month to seven years;

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

A. Crimes Nos. 1 and 2 (Determination of Punishment) (Obstruction of Performance of Official Duties) and No. 1 [No. 1] Performance of Official Duties/Compulsory Performance of Duties [No. 1]. [The scope of Recommendation and Recommendation] Basic Field, 6 months to 6 months of imprisonment

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for six to two years (the maximum of crimes No. 2) for six months;

3. Determination of sentence: Imprisonment with prison labor for eight months and suspension of execution for two years; and

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