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(영문) 창원지방법원마산지원 2020.11.17 2020고단923
공무집행방해
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B: (a) around 19:35 on January 26, 2020, the Defendant was damaged by gathering 20,000 won of the market price of 20,000 won on the wall, on the ground that the victim, while drinking alcohol together with Defendant C, was frighted with Defendant D’s operation E2; and (b) on the ground that the victim, while drinking alcohol together with Defendant C, was not a fright female, the victim was frighted, and the victim was broken up.

2. Defendant A reported at the above date, place, and 112 that he was suffering from disturbance at a drinking house and attempted to take the above B out of 2 in order to listen to the circumstances of the instant case by G from the Yongsan Police Station F District G, which was called out after having received a report, and obstructed the above B from leaving the above 2 room, and followed the Defendant’s humnasium and humnasium, and humnasium G twice in drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning D and G;

1. Investigation report (as to attachment of field photographs);

1. Application of the Acts and subordinate statutes concerning a report on investigation (a written estimate) and written estimate;

1. Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 366 of the Criminal Act; Article 366 of the Criminal Act; Selection of imprisonment;

1. Article 62 (1) of the Criminal Act, each suspended sentence, as well as Article 62 (1) of the same Act;

1. Defendant A with reasons for sentencing under Article 62-2 of the Criminal Act of each community service order;

1. Scope of punishment by law: One month to five years;

2. 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 recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Prosecutor's opinion: Six months of imprisonment;

4. The Defendant rendered a sentence of sentence: (a) took the police officer’s desire to take away from B, and obstructed the performance of official duties by taking the police officer twice, taking the neck out of B.

The purpose of preventing police officers from performing their official duties is to exercise direct violence.

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