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(영문) 창원지방법원 진주지원 2015.07.07 2015고단364
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 21:30 on March 24, 2015, the Defendant: (a) reported that there was a person who frighting at the main points in Jinju-si B; and (b) obstructed the Defendant from entering the main points again from E in the circumstances belonging to the Jinju Police Station D District Unit in the Jinju Police Station called out after receiving a 112 report that there was a person who frighting the frighting at the main points in Jinju-si B; and (c) assaulted the Defendant at one time on the left side of Jinju-si

Accordingly, the defendant interfered with legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect examination protocol of the accused by the prosecution (including the first, substitute, and E statements);

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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

1. Scope of the balance of recommendations according to the sentencing guidelines [decision of types] : The group of crimes of obstruction of the performance of official duties, the obstruction of the performance of official duties, and the first category (the coercion of obstruction of the performance of official duties) (the scope of recommendations ] 6 months to 1 year and 4 months;

2. Although the criminal liability is not minor in light of the fact that the defendant committed an assault against a police officer in the course of performing official duties, the sentence shall be determined as ordered by taking into account the following factors: (a) the defendant committed the crime in this case while committing the crime; (b) the defendant does not wish to punish the defendant; (c) the police officer does not wish to punish the defendant; (d) there is no criminal history exceeding the same kind of power or fine; and (e) there are no criminal records of the defendant, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, character

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