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(영문) 창원지방법원 통영지원 2021.01.20 2020고단1096
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On July 31, 2020, the Defendant assaulted the victim on the “D” restaurant operated by the victim C(W, 56 years of age) who was on the second and second floor, without returning home under the influence of alcohol, and without the victim’s permission, such as drinking alcohol in the cooling in the air condition, and the victim was frighting the victim with the defect of the port to the victim, thereby impairing the victim’s left side of the victim’s hand, putting the victim’s head into the wall, making the victim be faced with the wall.

2. The Defendant interfered with the performance of official duties, at the date, time, and place specified in Paragraph 1, and at the same time, and at the same place, and as above, committed assault, such as assaulting the police officer’s legitimate performance of duties concerning the handling of report 112, by assaulting the police officer’s 112 police officers, by assaulting the police officer’s 112 police officer, who was called out after having been reported 112 while avoiding the disturbance ( South, 51 years old) to grasp the circumstances of the instant case. He saw the above F by putting him a drinking for drinking to the said F, and continuing to restrain him.

Summary of Evidence

1. Court statements made by the defendant in relation to C, G, and F by each police officer;

1. Application of H’s written Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the execution of official duties) of the relevant criminal facts;

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. The scope of punishment by law: Imprisonment for one month to seven years;

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

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

(b) Class 2 crimes (Assaults) (a decision of type);

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