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(영문) 창원지방법원 통영지원 2016.11.02 2016고단1206
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

On August 6, 2016, around 22:00, the Defendant: (a) received a report from a police officer slope E, who was dispatched to the site after having been reported from 1112 attached D and Si expenses in front of the C convenience store located in C, at the time of a macroscamb, and met the situation of the case; (b) the police officer slope E, who was dispatched to the site, was able to return home, and assault the above E’s clothes at one time due to the outbreak

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, 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 basic area (six months to one year) of the obstruction of performance of official duties according to the sentencing guidelines of the Supreme Court; and

2. Determination of sentence - Determination of favorable circumstances: The degree of assault cannot be deemed to have been severe, the defendant appears to be an contingent crime that has occurred in a large number of drinking, and reflects his mistake;

(k) Unfavorable circumstances: The nature of the crime of this case committed by assaulting a police officer who has been well-grounded, and there is a record of having been punished several times for the crime related to violence;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.

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