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(영문) 창원지방법원 진주지원 2019.03.28 2018고단1427
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 1:20 on September 20, 2018, the Defendant tried to go to the five-story deputy office in order to hold a conditionless interview with the deputy head without a prior coordination rate, and as he was subject to restraint from D and E, a police officer assigned to general viewing department, and the police assigned for special guard belonging to the said department, the Defendant expressed a desire to “satisfing a sick house, satfing a night house,” and threatened the police assigned for special guard with drinking.

The defendant continued to commit violence from the police assigned for special guard, such as when he takes the part of D with his hand when he gets off and gets off the face of D with his hand.

As a result, the defendant interfered with legitimate execution of duties concerning viewing expenses and protection of police assigned for special guard belonging to C viewing.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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

1. CCTV-cap photographs and CCTV image CDs;

1. Application of Acts and subordinate statutes on voluntary reports;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission, circumstances after the commission of the commission of the crime, and the conditions of various sentencing as shown in the argument of the instant case:

The unfavorable circumstances: The circumstances that are favorable to the poor quality of the crime: the defendant is led, and the defendant is against himself.

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