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(영문) 창원지방법원 2020.04.24 2020고단415
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 22, 2019, at around 22:40, the Defendant requested the police officer to pay the agency expenses from the police officer E of the Changwon Police Station D police box belonging to the Changwon Police Station, who called out after receiving 112 report as a substitute expenses due to the representative expenses on the front side of C, which is located in the window B of Changwon City, and called up on December 22, 2019.

As a result, the defendant received 112 reports and interfered with legitimate execution of duties concerning the prevention and investigation of crimes by police officers dispatched.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 136 (1) of the Criminal Act for the choice of punishment;

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] [No person engaged in the obstruction of performance of official duties] / [Article 1] There is no person who has been forced to perform official duties (the scope of the recommended area and the recommended punishment] (the scope of the recommendation area and the recommended punishment] basic area, no person who has been sentenced to six months to one year and six months [the general person] (the grounds for suspension of execution] - Major illegal grounds: criminal records of the same kind (within five years, suspension of execution, or a fine at least three times): The serious reflective reason - The criminal records of the suspension of execution at least two times;

3. Determination of sentence: The number of years of imprisonment with prison labor for six months (unfavorable circumstances) and two times, and the judgment of the suspension of execution that was rendered on April 29, 2015 among them appears to clearly have social ties, such as the obstruction of performance of official duties, against the point that it is the same kind of power, such as obstruction of performance of official duties, etc.

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