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(영문) 창원지방법원 거창지원 2015.06.17 2015고단86
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On April 1, 2015, at around 22:20 on April 1, 2015, the Defendant reported 112 entertainment taverns in the name of “C” located in Chungcheongnam-gun, Chungcheongnam-gun, and sent to the site by the police officers assigned to the Chang Police Station D District, EF, and slope G sent to the site.

Accordingly, the Defendant expressed desire to E, etc., left E’s fat, and fated with her hand, and assaulted E and F by continuing the F’s face her hand with his hand, and continuing to walk the F’s right gate once.

C The Defendant: (a) arrested a flagrant offender for the crime of obstruction of performance of official duties; (b) moved patrol vehicles to the D district located in H in the Gyeongnam-gun, Gyeongnam-gun; and (c) 22:30 of the same day, he embling G while taking a bath to G while getting down at the said D District Parking Site, and assaulted G by the said G to walk up twice the part of the said G.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of flagrant offenders in E, F and G, who are police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I and E;

1. A statement in F and G;

1. Application of Acts and subordinate statutes to investigation reports (related to the 112 Reporting Report, the 112 Reporting Report List and the Attachment of D District Work Hours (at night)), investigation reports (related to attachment of photographs of damaged parts);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons 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 sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years, each of the crimes in this case shall be committed by a police officer who assaults the police officer on duty to perform official duties;

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