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(영문) 창원지방법원 통영지원 2017.05.17 2017고단115
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 January 23, 2017, at least 23:15, the Defendant reported 112 at a singing room 2 located in Tong Young-si B, with the content that “a person has been in home,” and took place at the site, and sent back from police slope D and E, a police officer sloped belonging to the District Police Station C, who was called to the site, was sprinked to have home home from a police officer and E, and was sprinked by hand, and prevented him from taking off.

The body of E was pushed down.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Application of Acts and subordinate statutes to the on-site photographs and the table of 112 reported cases;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. One month to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. Determination of sentence appears to be against the defendant's recognition of the crime of this case; on the other hand, the defendant has been punished several times for violent crimes; the defendant's age, sex, environment, motive and circumstance of the crime, etc.; various sentencing conditions provided by Article 51 of the Criminal Act; sentencing guidelines for the Supreme Court's sentencing commission shall be determined as ordered by comprehensively considering the following factors: the defendant's age, sex, environment, motive and circumstance after the crime; and

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