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(영문) 창원지방법원 통영지원 2019.10.22 2019고단905
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 03:30 on April 11, 2019, the Defendant: (a) in the neighboring street of “C” located in Sast City B, the Defendant confirmed that the Defendant was a fine of KRW 5 million unpaid; (b) sought the Defendant’s telephone device destroyed to police officers E, etc. belonging to the Dong-gu Police Station D Zone D, which notified the fact; and (c) sought a telephone device on the earth; (d) police officers discovered the Defendant’s telephone device far away from the floor; (e) discovered the Defendant’s telephone device on the floor; and (e) re-exprised the Defendant’s telephone device on the floor; and (e) asked the Defendant that the above E was facing the phone engine on the floor; and (e) the Defendant expressed his desire to “Sama Mahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of fines.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to photographs and investigation reports (flock video review) by cutting down images;

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 on probation and lecture attendance order;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. The degree of the Defendant’s speech and behavior and violence at the time of the instant crime, together with a number of criminal records of violence and a criminal record of obstruction of performance of official duties around 2014, the Defendant did not have serious damage to the police officer due to the instant crime, and the Defendant recognized the Defendant’s mistake and reflects it, and the age, character, character, environment, and environment of the Defendant.

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