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(영문) 창원지방법원 통영지원 2015.08.19 2015고단468
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violence;

A. On March 3, 2015, at around 00:12, the Defendant attempted to board a taxi driven by the victim D (50 years of age) in front of the building C at the Gyeongnam-si, but, as the victim refused to board the taxi on the grounds of exceeding the number of passengers, chemicalization took place, and assaulted the victim’s bats and bats of the above taxi, and batds of the bat and bats of the victim bating the bat and batds.

B. The Defendant, at the same time and place as Paragraph 1, committed assault by the victim E (the 49-year-old) who is a taxi engineer, on the ground that he was aware of the Defendant’s breathing of the breath’s breath, on the ground that he was aware of the Defendant.

2. On March 3, 2015, at the same place as Paragraph 1, around 00:17, the Defendant: (a) obstructed the performance of official duties; (b) the police officer belonging to the F Zone of the Wedon Police Station, who was called out after receiving 112 reports, proposed that the Defendant left the Defendant; (c) the Defendant pushed the said G’s chest in his/her hand, threatening him/her into his/her hand, and threaten him/her to take into his/her left hand; and (d) the left arms fall into the ground with their inner diameter towards his/her face.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the treatment of civil petitions reported 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Application of the Acts and subordinate statutes on CDs and the instant pictures

1. Selection of imprisonment with prison labor under Articles 260 (1) and 136 (1) of the Criminal Act for the crimes in question;

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;

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

1. The range of crimes No. 1 (Obstruction of Performance of Official Duties) according to the sentencing guidelines shall be limited to the range of crimes No. 2 (in the event that the degree of violence, intimidation, and deceptive scheme is minor, the range of punishment No. 2 (in the event that the degree of punishment is minor, the range of punishment No. 1 (in the event of general violence).

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