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(영문) 창원지방법원 진주지원 2019.06.13 2019고단269
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 00:19 on March 13, 2019, the Defendant: (a) 00:19, while under the influence of alcohol at the “C” house in Jinju-si, and (b) her flag, such as drinking expenses and taking a bath to other customers; (c) one of the persons at the same place reported 112 on the same day, and (d) flag, upon receiving a report at around 00:24 on the D District Team in the Gyeongnam-gu Police Station, the Defendant arrived at the said drinking house.

At around 00:35 on the same day, the Defendant was urged by the police officers to return to the Republic of Korea from the above police officers, such as “I am . . . . . . . .. . .. .. .. .. ...” and the above F . . ., the Defendant called “Gmang. . . .” and the Defendant was f, with his own hand, assaulted F, such as “F’s blick face at once” and “F’s face at once.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of statutes governing field photographs for the obstruction of performance of official duties;

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 of the community service order;

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: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission, circumstances after the commission of the commission of the crime, and the conditions of various sentencing as shown in the argument of the instant case:

Circumstances unfavorable: Circumstances that are favorable to the poor quality of the crime: The defendant makes a confession.

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