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(영문) 창원지방법원 통영지원 2015.12.02 2015고단951
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

Criminal facts

On September 18, 2015, the Defendant: (a) committed assault against E, who is working on the street of a C pharmacy located in B at the time of b3:00, the Defendant expressed that “I ambling off a bitch bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitchch bitchch bitchch bitch bitchch bitch bitch bitchch bitch bitch bitch bitch bitch bitch bitch,” and

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is minor in the scope of the mitigated area (one month to eight months) of the obstruction of performance of official duties (the scope of the recommended sentence];

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: Offenses of obstruction of performance of official duties against police officers who have been deadly disabled;

(k) favorable circumstances: The degree of assault and threat seems not to be severe, the fact that the alcohol appears to be a contingent crime that has occurred in a state of drinking, and reflects it;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.

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