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(영문) 창원지방법원 진주지원 2019.10.10 2019고단715
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 21, 2019, at around 22:05, the Defendant reported 112 on May 21, 2019 that “A person who interferes with his/her business” at “Ccafeteria” located in Jinju-si B, and expressed his/her desire to return home from E to the site, and carried out her hand the son’s chest, and her head was three times the police officer belonging to the Jinju-si Police Station D, which called the site.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and F;

1. A copy of the work log in the D District;

1. Application of investigation reports (investigation of CCTVs at the scene of damage and cellular images) Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. The decision-making police officers who have committed assault to two police officers who have been sentenced to punishment for the same kind of crime, records including the degree of assault inflicted by the defendant, and the conditions of various sentencing as shown in the arguments of this case shall be determined in the same manner as the decision-making officers;

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