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(영문) 창원지방법원 통영지원 2015.10.14 2015고단738
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around 00:30 on July 12, 2015, the Defendant reported to Samsung Heavy Industries, which was located in Samsung Heavy Industries, to be a taxi engineer and a Si guard, and then returned to the B district without returning home. Around 01:20 on the same day, the Defendant heard the rumor that “I need not accept a demand from a slope D belonging to the Si police station B zone located in the B zone located in the Si of 01:20 on the same day, for the reason that I do not demand to change the cigarette payment.”

Chewing, Chewing, and grings.", and he/she assaulted about two or three times to the right-hand side of D, thereby hindering police officers from performing their legitimate duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the video CDs and caps-fagic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Determination of sentence - Unfavorable circumstances: The offense committed by a defendant that obstructs the performance of official duties by a police officer is not good because he/she finds a police box again without a return to the police box even after having already received a safeguard measure;

(k) favorable circumstances: The fact that it appears to be a contingency crime under the influence of alcohol, and the defendant recognizes and reflects his mistake in depth;

- 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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