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(영문) 창원지방법원 거창지원 2015.05.13 2015고단37
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 February 5, 2015, at around 23:35, the Defendant: (a) posted a 112 patrol vehicle on the street near the intersection in front of the C Hospital in the Chungcheongnam-gun, Chungcheongnam-gun; and (b) carried out traffic accident prevention duties, the Defendant Dadon to the police slope E and security guards belonging to the Yongsan-gu Police Station D Zone D, which was carrying out traffic accident prevention duties, called “whether the patrol vehicle is too old at one place.”

In order to prevent traffic accidents, F explained the defendant that he is working for the prevention of traffic accidents, and E speaks to the defendant that "I have returned home without any special string," and the defendant expressed his desire to B B, and assault E by driving his chests on several occasions with both hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on traffic accident prevention and security service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a copy of work log in the D District;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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; the crime of this case was committed by the defendant first against the police officer in the course of performing his duties; the nature of the crime is not good; the motive and the degree of assault committed by the defendant at the time was not somewhat weak; and the crime of this case interfered with the execution of official duties for a considerable period of time due to the defendant's crime.

However, in consideration of the fact that the defendant reflects the crime of this case and the defendant has no criminal record, the sentence like the order shall be sentenced.

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