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(영문) 창원지방법원 통영지원 2020.04.28 2020고단29
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

Punishment of the crime

1. On January 5, 2020, when the victim D (year 41) who is the original director and employee in the 'C Hospital' emergency room of 'C Hospital' requests home home, the Defendant assaulted the victim's face twice by drinking, and the victim's knife with knift.

2. The Defendant obstructed the police officer’s legitimate execution of duties in relation to the handling of 112 reports by taking advantage of the following: (a) the date and time set forth in paragraph (1) of this Article; and (b) the police officer F (26) who was called out after receiving a 112 report at a place; and (c) the police officer’s request to return home; and (d) the police officer’s f (26) who was called out, “I am out, I am out, I am out, and am out,” and assaulted the said F’s arms by hand on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement and written statement;

1. Application of Acts and subordinate statutes to investigation reports;

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. Crimes of obstruction of the performance of official duties [Determination of Punishment] The Obstruction of the Performance of Official Duties [Attachment 1]/ No person who has been forced to perform his/her duties (special person for punishment] (the scope of recommendation area and recommendation range] basic area, 6 months to 1 year and 6 months of imprisonment

(b) Crimes of violence [Determination of Punishment] 03. Crimes of violence / [Type 1] No general assault (a person with a special punishment / [a person with a recommendation field and a recommendation range] basic area, two months to ten months of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (one-2 of the upper limit of the maximum of the crimes of obstruction of performance of official duties);

3. Determination of sentence: Six months of imprisonment;

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