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(영문) 창원지방법원 통영지원 2016.01.06 2015고단1072
공무집행방해
Text

1. Defendant A shall be punished by imprisonment for eight months.

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

Reasons

Criminal facts

On October 9, 2015, the Defendants assaulted Defendant A in relation to the assaulting of Defendant A in front of the D Building at 01:30 on October 9, 2015, and obstructed the legitimate performance of duties by police officers related to the handling of 112 reports by assaulting Defendant A to G and police officers belonging to the G and police officers belonging to the G and police officers of the Mado Police Station F District of the Mado Police Station who called to the site after receiving 112 reports. Defendant A b b b b b b b b chering to the police officers in drinking while taking a bath to G while taking a bath.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E, I, G, and H;

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Defendants of the pertinent legal provisions pertaining to criminal facts: Defendant A of Article 136(1) of the Criminal Act: Defendant B of a fine for negligence

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing guidelines do not apply to Defendant B who has selected the basic area (six months to one year and four months) (special sentencing factors) of the first-class (Interference with the performance of official duties and coercion of duties) of the scope of the recommended punishment according to the sentencing guidelines for Defendant A, the scope of the recommended punishment for Defendant A, and the scope of the recommended punishment for Defendant A, and the basic area (special sentencing factors) of Defendant B who has no fine.

(k) favorable circumstances: Defendant A deposited a certain amount of money for the police officer victimized by Defendant A; Defendants reflect all their mistakes with a prison system; and appears to be an contingent crime under the influence of alcohol;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the age, sex, environment, and circumstances after the commission of the crime.

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