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(영문) 창원지방법원 거창지원 2017.07.21 2017고단156
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2017, the Defendant: (a) reported on May 23, 2017 in front of 00:25, 112, that “A person who is being wraped,” and sent to the police officers belonging to the Chang-gu Police Station C District Branch of the Chang-gu Police Station, “I amba, I amba, I amba, I amba,” and “I amba, I amba, I amba, I amba, and I amba.”

“A motion picture taken on the ground that the motion picture was written.”

D, while taking a bath for D’s “Chewing impule”, assaulted D’s breath, so far as it is difficult to do so, and exceeded the floor of the D’s breath.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each statement of F, G, H, and I;

1. Notifying the relevant department of photograph description, C District Service, and report on 112 Incident;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act concerning 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. Scope of punishment: Imprisonment with prison labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the scope of the recommended punishment [the scope of the recommended punishment] the basic area (six months to one year and six months), (special mitigation (special mitigation)] the degree of violence, intimidation, deceptive scheme, or obstruction of public service is insignificant / Where there are many damaged public officials, the scope of the compared punishment between the applicable punishment and the recommended punishment: Six months to one year and six months;

3. Determination of sentence: Six months of imprisonment, two years of suspended sentence, and 40 hours of community service order;

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