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(영문) 창원지방법원통영지원 2020.08.26 2020고단461
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

On March 2, 2020, at around 03:32 on March 2, 2020, the Defendant: (a) was under the influence of “C” in the vicinity of “C”, and (b) was under the influence of alcohol, and was under the control of F on the ground that he was under the control of F from F, on the ground that he was under the control of F, on the ground that he was under the control of F, who was dispatched to the site after having received a report of 112 of the business owner D; and (c) obstructed the police officer’s legitimate performance of duties concerning the handling of

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

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] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor shall be chosen, considering the need for the strict punishment of police officers with regard to the obstruction of performance of official duties against police officers, along with the four months of imprisonment, the part of violence for one year of suspended sentence, robbery, and the circumstances leading to the crime;

Provided, That in consideration of the fact that the degree of obstruction of performance of official duties does not reach a severe level, and that the defendant has caused contingent crimes as a primary offender, a punishment lower than the lower limit of the sentence range recommended by the sentencing guidelines shall be determined.

In addition, the punishment as ordered shall be determined by comprehensively considering the various circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment, family relationship, etc.

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