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(영문) 창원지방법원 통영지원 2014.11.27 2014고단860
공무집행방해등
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

At around 21:00 on September 5, 2014, the Defendants were required to present their identification cards on the front of the cafeteria “E” restaurant located in Tong Young-si, and on the front of the cafeteria, the G of the Tong-gu Police Station F District Unit in the Tong-gu Police Station, which was called for due to the drinking price problem, and the Defendant A was required to present his identification cards from G and H. When taking a bath to “I am flick, I cannot give his identification card. I am flick, I am flick, I do not am h h h h h h h h h h h h h h, which was the victim, and the head part of G h (33 years old), who was the victim, was flick at once, and Defendant B was mixed with this.

As a result, the Defendants conspired to interfere with the legitimate performance of duties by police officers concerning the handling of 112 reported duties, and the Defendant A at the same time inflicted damage on the victim’s crypology that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, G, and I;

1. Application of related Acts and subordinate statutes;

1. Relevant legal provisions and the choice of sentence against the crime A: Article 136(1) of the Criminal Act and Article 257(1) of the Criminal Act (the choice of imprisonment and the choice of imprisonment): Defendant B: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Defendant A of ordinary concurrent crimes: Articles 40 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the crime of serious injury);

1. Defendants under suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448

1. Defendants of a community service order: Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The crime of obstruction of the performance of official duties in the judgment of the defendant A [the scope of the punishment of recommendation] The basic area (6 months to one year and four months) of obstruction of the performance of official duties (the scope of the punishment of recommendation] [the scope of the punishment of recommendation] and the mitigated area (2 months to one year) of the mitigation area (the person who is a special mitigation (the person who is a special mitigation).

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