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(영문) 광주지방법원 목포지원 2021.03.30 2020고단1120
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2020, the Defendant assaulted the victim D ( South, 61 years old) following the victim D who was seated in the table without any justifiable reason during dancing within the 'C' of 00:14 Mapopo-si B, 2020.

2. Around 00:43 on August 7, 2020, the Defendant obstructed the performance of official duties, at the same place as the above paragraph 1 of the same Article, and at the same time, the police officer F of the Bapo Police Station E box affiliated with the police box called Mapo-gu Police Station, who was dispatched to the scene after receiving a report of the assault incident, asked the Defendant about his personal information, and assaulted the Defendant by having his body and face part of the above F one by 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. Application of the police statement D to the Defendant’s legal statement F to the Defendant’s written investigation report (C CCTV images attachment) by statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

B. No. 2 Crimes (Assaults) [Determination of Type] Violence / [No. 1] General Violence (Special Sentencing)] (Scope of Recommendation and Recommendation], Basic Field of Crimes (Scope of Recommendation and Recommendation) , February - October 10

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Six months to one year (the maximum of crimes No. 2).

3. To assault the accused in the decision of sentence; and

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