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(영문) 창원지방법원 통영지원 2014.11.28 2014고단718
특수공무집행방해
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 01:00 on May 18, 2014, the Defendant: (a) reported that a person under the influence of alcohol prior to B was fluened and fluored on the road, and (b) led the Defendant to fluord the front door and fluor; and (c) led the Defendant to act as a fluor of the department, which is a dangerous object on the road (a.e., 14cm, 9cm, 5cm, 5cm, fluor of the fluored fluor, etc.) to ask the Defendant for personal information, etc. in order to prevent him/her from committing the incident; and (b) to identify the circumstances of the case.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes governing the case-related photographs

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing), one year or four years of imprisonment is recommended to the defendant (see, e.g., recommendation to the aggravated area of the type of “Obstruction of Performance of Official Duties” (see, e.g., recommendation to carry dangerous items). Since the crime of obstruction of performance of official duties is a resistance to the legitimate exercise of public authority, it is highly necessary for the public interest to be punished, and as the defendant carried dangerous items, it is considered that the offense is disadvantageous to

However, it shall be considered as sentencing factors favorable to the defendant that there is no record of crime due to violence after 1982.

Other grounds for sentencing, such as the defendant's age, family relations, motive of crime, etc., shall be determined in the same manner as the disposition.

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