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(영문) 창원지방법원 통영지원 2016.08.26 2016고단796
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 31, 2016, the Defendant: (a) 21:05 around 21:05, 13 Doo-dong community service center in front of 24 Doo-dong, 13 Doo-dong; (b) her hand-on her hand-on her hand-on her hand-on her left side of the victim B (56 Doo-dong); and (c) her face of the victim who gets out of her hand-on her hand-on her face re-on her face.

Accordingly, the defendant committed assault against the victim.

2. 공무집행 방해 피고인은 2016. 5. 31. 21:20 경 위 항과 같은 장소에서, 112 신고를 받고 출동한 거제 경찰서 C 지구대 경사 D에게 " 이 씨 발 좆같은 짜 바리 새끼야, 뭘 계속 물어 보 노 "라고 욕설을 하며, 오른손 주먹으로 D의 얼굴을 1대 때렸다.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on 112 reporting management affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the photograph of the case-related photograph and the photograph of a video photograph

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravation of multiple crimes, for which there are no basic area (from June to January 1) (the scope of the recommended punishment) [the scope of violence] and the basic area (from February to October) of Category 1 (General Violence) (the scope of the recommended punishment] and the basic area (from February to September): The scope of the sentenced punishment due to the aggravation of multiple crimes: 6 months to September 1:

2. Circumstances unfavorable to the decision of sentence: The crime of this case is committed against a police officer who conducts official duties after using violence without any reason, and the nature of the crime is not good.

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