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(영문) 창원지방법원통영지원 2020.11.24 2020고단717
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

On March 12, 2020, the Defendant demanded to present an identification card from “Cju Point” located in C, 23:25 occ. B upon receiving 112 reports, and demanded to present an identification card from a slope E, etc. affiliated with D, of the macro police station D, and obstructed the police officer’s legitimate execution of duties in relation to handling 112 reports by assaulting the above E’s face level on the hand floor, such as “satch ... why why is why is why a resident registration number should be given in the inside, satch, satch satch satch satch.”

Summary of Evidence

1. Application of the Acts and subordinate statutes on closure photographs of the defendant's written statement, written statement of statement (victim) to the defendant, among the data taken from a bar camp;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act, Article 136 (1) of the Act on the Punishment of Criminal Crimes and Article 136 (1) of the Selection of Imprisonment and Suspension of Execution;

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: The sentence shall be determined as per the order, considering all the circumstances, including six months of imprisonment, the developments leading to the crime of this case for one year of suspended sentence, the results therefrom, and the fact that there was no record of punishment previously for the same kind of crime;

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