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(영문) 창원지방법원마산지원 2020.12.09 2020고단977
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On September 17, 2020, the Defendant reported 112 in front of the Management Office of Mapo-gu, Changwon-si B Apartment, Changwon-si, and requested the Defendant to return home to the district and failed to operate the said apartment by preventing the Defendant from getting on the patrol car and return to the district.

Therefore, the defect that D and E tried to stop the defendant from the patrol car, the defendant was tightly pushed back with D's breath and continued to move back the E's breath in his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The scope of recommended sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for six months to one year and six months (basic) and the public prosecutor’s opinion for one year and six months: Imprisonment with prison labor for a period of six months and six months: the defendant with prison labor for a period of two years and six months to one year and six months was sentenced to imprisonment for the same crime; thus, the period of suspension of the execution of imprisonment for the same crime has not elapsed.

However, the defendant stated that he is aware of and against the facts of crime.

The agreement was reached with one of the damaged police officers.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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