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(영문) 광주지방법원 2020.04.29 2020고단767

특수공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:30 on January 25, 2020, the Defendant, without any particular reason, posted the test expenses to the slope D belonging to the Gwangju National Police Agency, where he was working in the Dong-gu Seoul Special Metropolitan City “C Hospital Seab Center”, and released the fire extinguishers installed in the office to the above slope D, and then was removed from the above slopeD, the Defendant cut off the sprinks, cut off the sprinks by hand, cut off the sprinks, cut off the sprinks, and obstructed the police officer’s legitimate performance of duties concerning the support and investigation of sexual assault victims by assaulting and threatening the above slope D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of excessive photographs and CCTV video CD-related Acts and subordinate statutes;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The crime of this case by which the defendant was sentenced shall be punished strictly in light of the fact that the defendant carries dangerous articles with the police officer who performed his legitimate official duties and uses violence.

However, the punishment of the defendant shall be determined in consideration of the fact that the defendant repents and reflects his mistake, the defendant's depression aggravated, and the defendant seems to have reached the crime of this case, and the defendant has no penalty power, in addition to his one-time fine, etc.