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창원지방법원 마산지원 2018.08.14 2018고단525

A defendant shall be punished by imprisonment with prison labor for four months.

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


Criminal facts

On March 4, 2018, around 12:30, the Defendant was dissatisfied with the “C” in front of the “C,” located in Ma-gun, Ma-gun, Ma-gun, Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-do, Ma-do, Ma-do,

The defendant is not a police officer's unloading from the vehicle to E, etc.

It is A quality.

The phrase “I am, I am, I am, I am, I am,” and E am, after E am from the patrol car, “I am, I am to the police officer.”

" ............. ...........................

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for one month to eight months.

(a) Determination of types: One type (Interference with the execution of public duties/ coercion of duties) that interferes with the performance of public duties;

(b) Special sentencing factors: Where the degree of assault, intimidation, deceptive scheme, or interference with official duties is insignificant (a factor to be mitigated);

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: The nature of the crime of obstructing the execution of official duties for one year of a suspended sentence is more severe, and the criminal situation is not good when considering the defendant's behavior at the time of the judgment and immediately after the judgment, and there is a disadvantage that the defendant has already been subject to a suspended sentence of imprisonment five times, including one time, for which the defendant has already been subject to a suspended sentence of imprisonment.

However, the degree of obstruction of violence and official duties committed by the defendant is not severe, and the defendant's five times prior convictions are more severe.