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(영문) 창원지방법원 2020.11.25 2020고단3244
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 01:55 on August 13, 2020, the Defendant: (a) 112 reported the Defendant at a singing room located in Seongbuk-si; and (b) on the ground that the Defendant was unsatisfing the Defendant, who was under the control of the Changwon Police Station B District B, who was called out after receiving a 112 report, the Defendant: (c) took a bath to police officers, including C; and (d) took a bath to the police officers; (c) she sat down the back part of the back and buckbucks; (d) she sat down the back on the bridge and face of the police officer; and (e) continuously, the Defendant continuously sold the front side of the buck-si D and the bucks on one occasion, respectively.

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

2. On August 13, 2020, the Defendant assaulted the victim E (Nam, 58 years old) who was detained in the detention room of the Changwon Police Station located in Changwon-gu, Changwon-gu, Seoul Special Metropolitan City on August 13, 2020, by sending back the victim E (Nam, 58 years old), and by hand when the face of the victim is taken up.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement related to C and D;

1. E statements;

1. Application of the Act and subordinate statutes to report an investigation (as to attachment of CCTV images in a detention room);

1. Article 136 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Criteria for sentencing on the grounds of sentencing under Article 62-2 of the Criminal Act, including probation and orders to provide community service and attend lectures;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Second Crimes (determination of types of violence) (decision of types) and violence crimes (Type 1).

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