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(영문) 창원지방법원 통영지원 2020.06.23 2020고단212
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On February 6, 2020, the Defendant assaulted the victim when he was requested to pay taxi charges from the victim in the course of getting off from the convenience store C in front of the convenience store C in Young-si, 23:10, and from the E-si operated by the victim D (Nam, 55 years of age), with the victim’s hand hand, he did bomb and bomb on two occasions, with the victim’s face on one hand.

2. When the Defendant assaulted D, as stated in Paragraph 1, at the time, at the place, and as described in Paragraph 1, and used D and Siced B, the Defendant was forced to request D to present personal information from the police officer G belonging to the F District Unit of the Tong-gu Police Station, which was dispatched to the site after receiving D’s 112 report, and the Defendant intended to move D to D. The Defendant expressed that “n't have been changed, she must do so, and she was given off,” and the Defendant expressed expressed that “N's face was one time at hand,” and obstructed the police officer’s legitimate performance of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement, statement, and statement;

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. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than that prescribed for the crime of obstruction of performance of official duties, and it shall be limited to the extent that the period of two crimes

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. The second crime (determination of types of violence) is committed against violence (Article 1). The crime of violence (Article 1) is committed against the general public (Article 1).

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