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(영문) 창원지방법원 진주지원 2015.07.23 2015고단391
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

On February 26, 2015, at around 00:05, the Defendant: “C” in front of Jinju-si, where the Defendant reported that a assault case involving D’s children occurred, and the Defendant asked the Defendant whether he was a child of the Defendant, who was working for the E District of the Jinju Police Station Ear G, called “I see why I am? I am? I am? I see why I am? I am? I am? I am am? I am am? I am am? I am am? I am am about the above F’s right direction.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or H;

1. Each police statement made to F and I;

1. Written Statement;

1. Each investigation report, appraisal commission, and the application of Acts and subordinate statutes governing evidence photographs;

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. In light of the fact that the Defendant, who was sentenced to the sentence, committed an assault against a police officer in the course of performing official duties, and that there was a record of punishment for the same kind of crime around 1989, the liability for the crime is not minor, but the Defendant committed the crime in this case and divided his mistake, and the circumstances of the crime in this case may be somewhat considered, and other various sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, character and conduct, family relationship, etc., shall be determined as ordered by considering the following factors.

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