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(영문) 창원지방법원 마산지원 2018.04.13 2018고단156
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2017, the Defendant: (a) at the entrance of Jeju-si B and CNet parking lot on July 23, 2017, at around 01:38, the Defendant: (b) asked two persons, such as the Rabbp E, from whom the Defendant received a report and sent a heavy answer to the drinking water on personal information, etc.; and (c) asked them to order them to return to the Republic of Korea, on the ground that the Defendant: (a) stated that “I would like to go home, I would like to walk back the entrance signboard of the parking lot”; and (b) took the son of the said E, such as walking the seat of the vehicle, the Defendant she sawed the son, thereby getting off the E’s hand by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the collection of evidence by police officers dispatched after receiving a report 112.

On July 23, 2017, the Defendant: (a) reported on July 23, 2017, around 01:00, the victim F (the victim’s name, leisure, 29 years old) dances in the “Cnatt” located in Jeju-si B; and (b) followed by the victim, the victim’s right side knife was placed on the victim’s own hand, making the victim’s right side knife, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E/F;

1. G statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

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

A. There is no person who commits an indecent act by force (type 13 or more) in the general compulsory indecent act (type 1) (type 1) [the territory of recommendation and the scope of recommendation], the basic area of the crime of indecent act by force (type 13 or more persons subject to punishment], six months to two years of imprisonment;

B. There is no person who obstructs the performance of official duties (a type of decision) or interferes with the performance of official duties in the event of a crime interfering with the performance of official duties (a type of crime interfering with the performance of official duties) (a type of special sentencing factors).

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