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(영문) 창원지방법원 통영지원 2014.06.20 2014고단362
공무집행방해
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 of the final judgment.

Reasons

Punishment of the crime

At around 00:33 on May 1, 2014, the Defendant: (a) expressed a humnasium that “Dnonasium” located in Tong Young-si, 00:33; (b) the Defendant sent a disturbance, such as singing room, and demanded the Defendant to restrain the Defendant and to inform his personal information; and (c) the Defendant expressed a humnasium that “hum F (the age of 42) belonging to the Tong Young-gu Police Station E District unit, which was called out after having received a report, interfered with the police officer’s legitimate execution of duties regarding the prevention and suppression of the crime, by assaulting the F face at one time in a manner that prevents the said F face from calculating the drinking value.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

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;

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order, the defendant is recommended to be sentenced to six months to one year and four months of imprisonment (not to be specially sentenced). The defendant has the record of two times of punishment for the same kind of crime (not to be specially sentenced). The defendant shall consider the defendant's grounds for sentencing disadvantageous to the defendant.

However, it is considered that the defendant reflects his depth in sentencing in favor of the defendant.

Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.

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