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(영문) 창원지방법원 마산지원 2018.02.07 2018고단44
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 10:08 on October 12, 2017, the Defendant: (a) reported 112 on the front of “Cn't take money to South Korea,” the Defendant: (b) informed the reporter of the circumstances of the accident; and (c) informed the reporter of the situation of the accident; and (d) made the reporter boarding the patrol to prevent the Defendant’s access; and (b) obstructed the progress of the patrol vehicle by blocking the latter part of the patrol vehicle 12; and (c) interfere with the passage of the patrol vehicle by intentionally inserting the rear wheels of the patrol vehicle, which was sent to the police station affiliated with the said patrol zone, and then, interfered with the passage of the patrol vehicle, such as interfering with the passage of the patrol vehicle.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. The sentence shall be determined as per Disposition by taking into account the following factors: (a) the Defendant’s recognition of the instant crime; (b) the degree of exercise of tangible power is relatively minor; (c) the Defendant has no record of serious crime beyond a suspended sentence; and (d) the Defendant’s age, health status; (b) the motive and circumstances of the instant crime; and (c)

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