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(영문) 창원지방법원 통영지원 2014.07.25 2014고단403
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On December 13, 2013, the Defendant: (a) around 22:45 on December 13, 2013, the victim D (25 years of age) located in Jinju-si; (b) at around 202, the E building 203, the Defendant was under the influence of alcohol, and opened a door to 203, the Defendant was at the Defendant’s residence; and (c) the victim was aware that he was at the Defendant’s residence; and (d) the victim was at the Defendant’s residence; (c) one knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

2. At around 00:55 on December 14, 2013, the Defendant engaged in obstruction of performance of official duties: (a) committed assault to the police officer’s legitimate performance of duties regarding criminal investigation by assaulting the ice part of the said J on two occasions, such as walking the leg part of the saidJ twice, and walking the leg part of the said J on two occasions; (b) was arrested and taken into custody as a flagrant offender due to the act referred to in the preceding paragraph; and (c) under the influence of alcohol, he was under the influence of drinking, and without any special reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or J;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing in Article 62-2 of the Probation Criminal Act, the defendant is recommended to be sentenced to six months of imprisonment or one year and nine months of imprisonment (in the case of Article 62-2 of the Probation Criminal Act, the recommendation of the basic area of the general assault type (no special person exists) against the first offense.

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