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(영문) 창원지방법원 진주지원 2019.10.31 2019고단799
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 May 18, 2019, at around 21:57, the Defendant reported 112 to the effect that “an act of interfering with the taxi business” in C in the Jinju-si, Jinju-si, the head of Jinju Police Station D District Zone E, who called to the site, would move the Defendant on the road to India for the prevention of danger, without any particular reason, walked the above E’s left side bridge on the right bridge, and carried the falth of E in his hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image investigation);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. To determine the punishment as ordered by comprehensively taking into account the records such as the developments leading up to dispatch of police officers who have suffered damage to the sentence to the scene, the degree of violence inflicted by the defendant to the victimized police officers, and various conditions of sentencing as shown in the pleadings of the case;

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