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(영문) 창원지방법원마산지원 2020.12.01 2020고단954
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Around 21:50 on July 28, 2020, the Defendant expressed a desire to “sprinke and sprinke with money” to the above E, while the Defendant was asked from E in the situation where the Muan District Police Station D District Unit of the Muan District, which was called upon by the customer, after receiving a report of 112 that the customer was under the influence of alcohol, and asked him/her questions about the circumstances of the instant case, at around 21:50 on July 28, 2020, he/she received at one time the center of his/her head’s right side side of the E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Prosecutor's opinion: Six months of imprisonment;

4. The Defendant rendered a sentence, who took a bath and took a head, obstructed police officers’ performance of official duties.

It is not good that a crime is committed by exercising a direct force on police officers.

There is also a history of punishment as a suspended sentence of imprisonment for violent crimes.

However, the defendant recognizes the crime.

Even if the police officer did not have any injury.

Criminal records are 2009 years, and other criminal records are not the same.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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