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(영문) 창원지방법원 통영지원 2018.10.17 2018고단808
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

1. On July 5, 2018, at around 23:37, the Defendant damaged the D amusement station located in Gosung-gun, Gyeongnam-gun, Gyeongsung, by leaving one string of the 100,000 won of the market price owned by the victim E in the place where he/she turned her her her her shot from the denial of the Defendant, and he/she laid her her her her string at the bottom.

2. On July 5, 2018, at around 23:41, the Defendant obstructed the performance of official duties, at the entrance of the main entrance of the same place as the above paragraph (1), and was dispatched to the Gosung Police Station F District after having received 112 reports, and was subject to assault against the Defendant’s denial, and when making a bridge, the Defendant was sprinked with a slope G’s bridge, and threatened him/her with drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Reports on internal investigation (on-site situations, etc. interfering with the performance of public duties);

1. The scene of the case and photographs of damage;

1. Application of the receipt statute

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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

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

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) The scope of final sentence due to the aggravation of punishment for the Class 2 crimes (Destruction) [Scope of Punishment] and the mitigated area (one month to six months) (special mitigation persons] [The scope of final sentence due to the aggravation of punishment for the multiple total offenders: six months to one year:

3. The fact that the defendant who was sentenced to punishment did not commit the same kind of crime but has been punished several times due to violent crimes is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case.

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