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(영문) 창원지방법원 통영지원 2015.07.17 2015고단403
공무집행방해등
Text

Defendants shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 24, 2014, the Defendants committed assault, such as: “D’s entertainment drinking room No. 2 at the entertainment drinking house No. 112, which was sent to the site after having received a report on the disturbance No. 112, the Defendants were dissatisfied with the obstruction of performance of performance of official duties; and the Defendants did not put about about 10 minutes of the F’s contamination and shoulder with her hand and her shoulder.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties by police officers concerning the 112 reporting processing duty.

2. While the Defendants were asked from the victim F and the victim G, a police officer, about the circumstances of the instant case, etc. at the time and place indicated in the foregoing Paragraph (1), Defendant A expressed her her her her her her her her her her her her her her her her her her her her, and Defendant B expressed her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

As a result, the Defendants conspired to insult victims openly.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of H, F, and G;

1. A written statement of I;

1. Application of statutes on site photographs;

1. Relevant Articles 136(1) and 30 of the Criminal Act, Articles 311 and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

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

A. Crimes of obstruction of performance of official duties - Basic sphere of obstruction of performance of official duties (6 months to 1 year and 4 months), - No person who is a special person:

B. The offense of insult: Determination of the sentence of sentence 2 to be pronounced in the sentencing criteria - Unfavorable sentencing factors: the instant offense is to perform official duties.

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