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(영문) 창원지방법원 거창지원 2017.10.27 2017고단255
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On January 22, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing the performance of official duties at the Busan District Court on March 5, 2016, and completed the execution of the sentence at the Busan Detention Center.

[2] On August 12, 2017, at around 22:45, the Defendant filed a report on the Defendant’s type C’s residence located in Gyeongnam Development Group B, and the Defendant filed a report on the 112 statement that “two male persons”, and attempted to identify the circumstances of the instant case, including the circumstances of the Defendant’s workplace located in the said Haak Development Police Station, and the Defendant did not perform the cardiopulmonary resuscitation in the event of a death of punishment.

“Absently, the chest part of the above D was pushed off several times by hand, and the policeman strongly resisted the above D and the Defendant to arrest the Defendant as the current offender interfering with the performance of official duties, and committed assault, such as, in light of the face part of the above E with the right part of the face of the above E, he saw the above E to display the inside pedago.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made with respect to E, D, and F;

1. Each investigation report (as to the situation at the time of mobilization, as to attachment to the table for handling cases reported under 112, and vice versa of the damaged police officers' standing room, and a shot photo;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (Attachment of judgment, etc.) and application of Acts and subordinate statutes on personal confinement;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes / [Scope of Punishment] : The defendant is at the Busan District Court on January 22, 2015, where: (a) the area of aggravation of public duties (1 year to four years) (1 year to four years); (b) the degree of assault, intimidation, deceptive scheme, or obstruction of public duties is minor; (c) the extent of sentence compared to the punishment for the same repeated crime and the recommended punishment; and (d) the extent of sentence compared to the punishment for the same repeated crime.

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