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(영문) 창원지방법원 진주지원 2020.02.05 2019고단1711
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 22:25 on December 14, 2019, the Defendant committed assault, such as, on the front of Jinju City B, 112, that “A person under the influence of alcohol” was urged to return home from D in the region where the Jinju Police Station C District unit was affiliated with the Jinju Police Station, that “A person under the influence of alcohol was under the influence of alcohol,” and that D’s chest was under the influence of drinking three times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 Application of the 112 Reporting List, photographic Acts and subordinate statutes;

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: Reasons for sentencing under Article 62 (1) 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. Recognizing the determination of sentence of sentence.

In addition, the degree of violence exercised, the environment of the defendant, etc. are considered.

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