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(영문) 창원지방법원진주지원 2020.11.25 2020고단1883
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 23:50 on September 23, 2020, the Defendant: (a) in front of the restaurant “C” in Jinju City B, the Defendant received 112 report to the effect that the Defendant is suffering from disturbance without paying money after drinking in the said restaurant; (b) thereby threatening the Defendant to stop from the E officer belonging to the D Zone Unit of the Gyeongnam Police Station of the Gyeongnam-gu Police Station, the Defendant called out, and interfered with the police officer’s legitimate performance of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. 112 Reporting table, investigation report (Attachment of photographs of damage), application of Acts and subordinate statutes to photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act, the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

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

1. The scope of the obstruction of performance of official duties according to the sentencing guidelines shall be limited to the basic area of the obstruction of performance of duties and the coercion of duties, six months to one year and six months;

2. A police officer who had been punished for a crime accompanied by violence in the past when a sentence was rendered, but under the influence of alcohol, assaults the police officer on official duty.

However, crimes are recognized.

In addition, the degree of violence, etc. is taken into account.

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