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(영문) 창원지방법원 통영지원 2019.06.04 2019고단269
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 15, 2019, the Defendant: (a) on February 23:48, 2019, on the 1112th day of the B apartment 1-3 D, B apartment 1-3 D, “The male seems to be at risk of standing on the street to a teahouse”; (b) the Defendant, upon receiving a report from 112, threatened the Defendant with her hand, her sloping E, F, who was solicited to return home from the police officer E, her police officer, and F, to return home from F, and threatened with her hand, as her hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. With respect to investigation reports (CCTV, etc.) and investigation reports (in relation to the attachment of a DNA campaign film taken by a police officer at the same time, the provision of the statute shall apply);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts (the point of each of the above crimes);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. In full view of the following factors: (a) at the time of the instant crime, the Defendant’s speech and behavior and violence, together with the degree of the Defendant’s speech and behavior at the time of the instant crime; and (b) there is no criminal record other than fines; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all sentencing conditions in pleading, such as the circumstances after the

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