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(영문) 창원지방법원 통영지원 2016.11.02 2016고단1144
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

At around 22:30 on July 29, 2016, the Defendant asked the Defendant to “I am under the influence of alcohol on the road along the southwest of the Shian Shipbuilding,” “I am under the influence of alcohol, I am under the influence of alcohol with a person who is under the influence of alcohol,” and asked the Defendant to “I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, am under the influence of alcohol, and I am under the influence of alcohol, and I am under the influence of the above C. I am under the influence of drinking.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the police protocol, written statement, and statutes to C;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (six months to one year) of the obstruction of performance of official duties according to the sentencing guidelines of the Supreme Court; and

2. Determination of sentence - Determination of favorable circumstances: The degree of assault seems not to be severe; the defendant appears to be a contingency crime in a large number of drinking alcohol; the defendant reflects his mistake; the defendant has no previous convictions like a fine twice;

(k) Unfavorable circumstances: The nature of the crime of this case committed by assaulting a police officer who has suffered staticly;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.

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