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(영문) 창원지방법원 마산지원 2020.06.09 2020고단321
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 01:20 on March 22, 2020, the Defendant expressed that, at the singing room located in Yongsan-si B, Changwon-si, Changwon-si, the Defendant: (a) received a report from 112 that customers were locked without calculating the drinking value; and (b) was urged to calculate the drinking value and return home from the slope D, a police officer belonging to the Mapo-gu, Busan Central Police Station C District, which was called out by the Defendant; and (c) the Defendant expressed that, “Y Y YE, I am, I am, I am, I am, I am, and I am responsible.”

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. Application of each police protocol of statement to E and D;

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, such as probation, community service order and order to attend lectures;

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. Where he/she is punished by imprisonment with labor for one year.

4. The Defendant: (a) expressed a bath to a police officer who solicits him to return home; and (b) obstructed the performance of official duties by placing him on duty.

There have been three times of fines due to the crime of obstruction of performance of official duties (203, 2009, 2009) and one time of suspended sentence of imprisonment (201).

There is a number of times of punishment for other crimes.

However, the defendant recognizes the crime.

The degree of force used is not serious.

A written agreement which includes the police officer's intention that the defendant does not want the punishment of the defendant after the closing of argument by putting the defendant to a police officer.

The age of the defendant.

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