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(영문) 창원지방법원 통영지원 2017.02.09 2016고단1880
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 26, 2015, the Defendant: (a) around 05:04 on October 26, 2015, the Defendant: (b) was sent to the site by the Defendant D’C, who was the first executive of the Defendant, in front of “C” located in B, and face while going beyond the ground under the influence of alcohol; and (c) was unable to communicate with the Defendant, and (d) the Defendant was unable to appear at the district on the following day; and (d) was to start 112 patrol cars without handling the instant case.

As the police officers did harm to the body of the above police officers, they assaulted the police officers in the future of the patrol and continued to sit approximately 30 seconds.

Accordingly, the defendant interfered with legitimate execution of official duties concerning 112 reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The basic area (from June to January 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to April) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. The criminal defendant's specific reasons for sentencing reflects his wrong and commits two identical criminal records (one set of punishment and one set of suspended execution), and considering the defendant's age, sex, environment, circumstances leading to the criminal act, means and results, circumstances after the criminal act, etc., the punishment shall be imposed in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, circumstances after the criminal act.

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