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(영문) 창원지방법원 통영지원 2016.06.10 2016고단342
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2016, the Defendant interfering with his/her business: (i) 00:10 on March 26, 2016, at the main point of “E” operated by the victim D, who is in a show of hands C, brea the other customers, brea the victim brea, and (ii) the victim b

Upon request, she expressed the desire to “sponse, reverse, and sponse,” and was unable to avoid disturbance for about 40 minutes.

Accordingly, the Defendant interfered with the victim's main business by force.

2. The Defendant interfered with the performance of official duties at the date, time and place described in paragraph 1, and at the place described in paragraph 1, as described in paragraph 1, 112 after receiving a report from D while avoiding disturbance at D’s main points, G Gyeong-gu F District Group of F District Police Station who called out after receiving a report prevents the Defendant and shot back the Defendant, and used sing back the Defendant, and the Defendant “dyfed only in any shotf,” one back;

Before 201, G assaulted the chest of G on one occasion, she was fluent with a bath, she was fluent.

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. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public 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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

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

1. The scope of the recommended punishment according to the sentencing guidelines for one crime (Interference with the performance of official duties) and the scope of the punishment [the scope of the recommended punishment] under the mitigated area (one month to eight months] [the scope of the punishment for special mitigation]] under the mitigated area (one month to eight months] under the mitigated area of the mitigated area (the scope of the punishment for special mitigation] under the mitigated scope of the punishment for multiple total offenders who are not subject to the aggravated punishment for six months to one year; the scope of the final sentence due to the aggravated punishment for multiple total offenders; the scope of the punishment for six months from one year to eight months;

2. Consideration of sentence: The instant crime is under the influence of alcohol;

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