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(영문) 광주지방법원 목포지원 2020.06.05 2019고단958

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On August 10, 2019, the Defendant: (a) around 04:10, around C, operated by the mother’s mother of the Defendant in Franchising B; (b) on the way prior to C, “a minor drink drink” was reported by 112, and the security guard of Franchis Police Station called out after having received a report and received a statement from the mother’s mother in relation to the report, the Defendant took a bath to the said E in the course of hearing the statement and receiving a written statement; and (c) assaulted the said E by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the CD-related Acts and subordinate statutes to commit video storage;

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for four months, suspended sentence for one year (the fact that the defendant acknowledges and speaks against the defendant, the fact that there is no other criminal record besides the punishment for a single fine, the extent of the event type is relatively minor, and all the conditions of sentencing shown in the records and arguments, including the age, character and conduct, family relationship, circumstances before and after the crime);