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(영문) 창원지방법원진주지원 2020.08.20 2020고단652
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

Around 20:20 on March 7, 2020, the Defendant boarded a taxi under the influence of alcohol at the fluence-dong, Sacheon-si, Sacheon-si (Sacheon-si), but did not pay a taxi fee to B without any particular reason. B, while driving the said taxi, she went to the D Zone of the Gyeongcheon-si Police Station in Sacheon-si (Sacheon-si).

At around 20:30 on the same day, the Defendant continued to take a bath to the above B at the above parking lot, and police officers such as E, who were on duty in the above parking lot, reported the form of the police officers to the parking lot.

Around 20:33 on the same day, the Defendant: (a) obstructed the Defendant, who was cleeping on the above B; (b) assaulted E at one time at the right hand of the E with his own left hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. A written statement;

1. Application of the Acts and subordinate statutes on receipts, on-site photographs, CCTV CDs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and 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 scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. Determination of sentence shall be made in full view of the circumstances leading up to the occurrence of the instant case, the degree of assault committed by the Defendant to the victimized police officers, records including the previous records of the Defendant’s punishment, and various conditions of sentencing as shown in the pleadings of the instant case.

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