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(영문) 창원지방법원 통영지원 2015.01.08 2014고단1048
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:40 on November 6, 2014, the Defendant insultingd the victim of the Defendant’s victim F, who was a police officer belonging to the Dong-gu Police Station E Zone Group, called “I check the personal information and contact details and return to the Defendant,” who was dispatched upon receipt of a report, at Cju-si located in Cju-si located in B, and told the Defendant to the effect that “A police officer made a mistake on the part of the Defendant, who was suffering from the personal information and contact details. A police officer flicked with the owner of the business, and flicked the victim of the Plaintiff.”

2. The Defendant informed the police officer F of the date, time, and place indicated in the above Paragraph (1) above that the Defendant could be arrested as a flagrant offender against the Defendant. The Defendant: (a) informed F of the fact that F may be arrested as a flagrant offender; (b) sent F to F as “Iddd one time of arrest”; and (c) sealed F with the will of beer, plucking and plucking the arms and hand.

Accordingly, it interfered with legitimate execution of duties of police officers of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The statement of each police officer made to F and G;

1. Application of statutes on photographs of damage;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of insult and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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 (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. The crime of obstruction of the performance of official duties (the scope of recommendations) in the judgment on the grounds of sentencing Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. shall be the crime of insult of the performance of official duties (the scope of recommendations). The basic area (6 months to 1 year and 4 months) of the obstruction of official duties (the person who has no special penal person) (the crime of insult of the performance of official duties) is set by sentencing guidelines.

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