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(영문) 창원지방법원 거창지원 2017.07.21 2017고단145
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 23:11 on May 12, 2017, in “C” located in G, G, and on the grounds that the Defendant, upon receiving 112 reports, sought to identify the circumstances leading up to the notification by the D, police box affiliated with the said D, F, etc. of the said D, which was sent by the said D, under the 112 report, “I will not pay the drinking value.”

Before taking a bath, “I am out,” assaulted F’s chest to the right side of the face of the above E, with both 2,3 tight to the right side, with the course of suppressing it, 2,3 tight to the right side, with the right side part of the light G having the right side.

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. Each police statement made in relation to H, E, F, and G;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures;

1. One month to five years of imprisonment with prison labor within the applicable range;

2. The scope of a recommended sentence based on the sentencing guidelines system [the scope of a recommended sentence] the scope of a recommended sentence [the scope of a recommended sentence] the basic area (six months to one year and six months) (special mitigation (special mitigation)] / Where the degree of violence, intimidation, deceptive scheme, or obstruction of public service is insignificant / Where there are many damaged public officials, the scope of a comparative sentence between the applicable sentence and the recommended one: six months to one year and six months;

3. The fact that the defendant who made the decision of sentencing reflects his/her criminal act, and that he/she will not drink in the future;

It shall be sentenced to the same sentence as the order by imposing an order for protection observation and attending education, in consideration of the fact that it is diverse, etc.

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