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(영문) 창원지방법원 통영지원 2016.10.14 2016고단892
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 of the final judgment.

Reasons

Punishment of the crime

At around 23:30 on June 24, 2016, the Defendant was asked to “self-determination report” on the 24-3 structure Radon on the 24-3 structure Madon, which was called Madon Badon C, and tried to get off 112 patrol cars on the ground of the tree board on the floor. The Defendant expressed that “this Madon, Madon, and Madon, Madon, Madon, Madon, Madon, Madon, Madon, Madon.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes of E;

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 ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. The sentencing factors of the second sentence sentence that are disadvantageous to the execution of official duties: The scope of the recommended punishment according to the sentencing guidelines shall be limited to the execution of official duties: the sentencing factors of the crime of this case, which are disadvantageous to the execution of official duties, are committed against the police officers who perform official duties, and whose nature of the crime is not minor: the crime of this case is committed against the police officers who perform official duties, and the crime of this case has no criminal record of suspended execution since 2007; the defendant is against the defendant; the defendant's age, character and behavior, environment, motive for the crime of this case, and all of the sentencing conditions stated in the arguments and records of this case shall be determined as the disposition

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