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(영문) 창원지방법원통영지원 2020.08.19 2020고단522
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 03:40 on January 26, 2020, the Defendant: (a) received 112 report that the Defendant did not pay the drinking value at C Ssing rooms located in Busan B; and (b) received a recommendation from the police officer affiliated with D District Police Station D District District D, Busan, the Busan, to calculate the drinking value and to return home; (c) and (d) “Is to go home, Is to go home, Is to go home, Is to go home,” and “Is to go home, Is to go home, Is to go home, I do assault the police officer’s face at one time and interfere with the police officer’s legitimate execution of duties concerning the handling of 1

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

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 sentence which is lower than the lower limit of the sentence range set forth in the sentencing guidelines shall be set in consideration of the following: (a) a person who has been sentenced to four months of imprisonment and one year of suspended sentence (40 hours of social service) and two times of suspended sentence, in consideration of the fact that the defendant, who had already been sentenced to two times as well as two times of suspended sentence, has again obstructed the performance of official duties by police officers; (b) it is difficult to deem that the person has reached a serious level of assault and obstruction

Other circumstances revealed in the trial process of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, shall be determined as per the disposition.

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