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(영문) 창원지방법원 2017.07.13 2017고단1625
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant: (a) committed assault by the Defendant at his hand on the 15 father Young apartment 3rd colon of the Godong 15, Youngdong 112, which was called by the Defendant upon the Defendant’s 112 report; and (b) on the ground that C’s police box of the Jinhae Police Station B sent out after receiving the Defendant’s 112 report, the police officer of the police box of the Jinhae Police Station B did not properly take his horses.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment of a police box for the 112 Report, Handling of Cases and Police Boxes)

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. Circumstances unfavorable to the decision of sentence: The act that the defendant assaults a police officer in the course of performing his duties to obstruct the performance of official duties: The circumstances favorable to the necessity of such punishment: The confession and reflect of the defendant, and the fact that the defendant has no record of punishment for the same kind of crime

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