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(영문) 창원지방법원 통영지원 2019.01.09 2018고단1255
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 01:25 on September 17, 2018, the Defendant: (a) on the first floor B apartment C Dong-dong, and on the report of 112 by the Defendant, the circumstances under which the Defendant was called out to the district unit D of the Dong-gu Police Station, the Defendant: (b) prevented the Defendant, who was called out to the Republic of Korea on the part of the Defendant, from committing a serious crime; (c) “Seman, but, at the same time, said police officer was called out at one time.”

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An investigation report (as to the attachment of the 112 Reporting List);

1. Application of Acts and subordinate statutes to the investigation report (on-site CCTV);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is minor as the mitigation area (one month to eight months) of the obstruction of performance of official duties (special mitigation person] (the degree of violence, intimidation, deceptive scheme, or obstruction of official duties;

3. Determination of sentence is against the Defendant’s recognition of the instant crime, the degree of obstruction of performance of official duties is relatively minor, and there is no record of punishment within the past ten years, and other various sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., and sentencing guidelines for the Supreme Court Sentencing Committee, etc. shall be determined as per the disposition.

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