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(영문) 창원지방법원 2016.02.03 2015고단2788
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On July 21, 2015, the Defendant assaulted the victim by putting the victim into the police any defect in the report, sprinking the victim’s face, sprinking fat, and spating fat in front of the C cafeteria located at the window B of Changwon-si, the Defendant, at around 02:15, the Defendant: (a) spating the Defendant’s first-hand D string of the Estyna vehicle; and (b) spating the victim F (27 3) with the Defendant’s shocking the string of the string vehicle; and (c) spating the victim’s face.

2. On July 21, 2015, the Defendant obstructed the police officer’s legitimate performance of duties by assaulting the police officer’s left left side buckbucks by assaulting the Defendant and talking with the Defendant who was arrested as a flagrant offender due to the assault described in the above paragraph (1) at the H District District of the Seocho-gu Police Station, Seocho-gu, Changwon, Seoul, on July 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and I;

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the choice of imprisonment for each crime;

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

1. The scope of final sentencing for the reasons for sentencing under Article 62-2 of the Social Service Order Act, including the following offenses: (a) the first offense (crime) [the scope of recommendations] for the punishment under Article 62-2 of the Criminal Act; (b) the basic area (two months to ten months); (c) the second offense (Interference with the performance of official duties) without any person subject to a special sentencing [the scope of recommendations] [the scope of recommendations] the basic area (six months to one year and four months); (d) the first offense area (special sentencing factors) (one month to one year and four months): June to nine months [the sentence]; (d) the Defendant has the history of having been punished several times due to the obstruction of performance of official duties and violence types; (e) the Defendant did not recover from damage; (e) the Defendant’s mistake was committed against himself; (e) the degree of interference with the performance of official duties and the Defendant’s environment; and (e) the circumstances, age, and other relevant factors.

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