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(영문) 창원지방법원 진주지원 2018.09.11 2018고단670
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to six months of imprisonment with prison labor for habitual assault at the Changwon District Court on June 15, 2016, and the same year

6. 23. The judgment became final and conclusive, and the execution of the sentence was terminated on the same day (the Defendant was released on November 4, 2015, when the trial was in progress). / [criminal facts] The Defendant was at home where the mother of the C (the spouse of the Defendant) is living in Sacheon-si B around April 17, 2018, and at home where C (the spouse of the Defendant) was living in Sacheon-si (the spouse of the Defendant), he heard the word “I will return to house from E by the police officer belonging to the Sacheon Police Station D District, who received 112 reports on domestic violence and dispatched to the site, and I expressed my desire to “I will do so, Chewing Ha, I will see” and she would be able to take three tight clothes of E in his hand, and she will take one face, and she will take a face once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. 112 A list of reported cases;

1. A statement of dispatch to the site;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, each written judgment, summary order, investigation report (prior convictions and confirmation of repeated crimes), detailed search of cases, and inquiry into the current status of expropriations by individuals;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes - Circumstances unfavorable to them: Defect of the nature of the crime, and the period of repeated crimes - Circumstances favorable to them: confession of and reflect on the crime;

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