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(영문) 광주지방법원 목포지원 2020.04.24 2019고단923
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:20 on July 5, 2019, Defendants were getting on and moving a taxi on the front side of the C Apartment House at Sinpopo City, and Defendant A was an article and trial expenses that driven the said taxi, and around 22:45 on the same day, “A is disputing the taxi engineer and passengers” at around 22:45 of the same day after receiving 112 reports, and was sent to the site from E (31) the police box at the Jeonnam-nam Police Station D police box at the scene where he was called to the scene, and the police officer (30 years of age). Defendant B was tightly pushed off and pushed off the F by her hand, and continued to walk the said F to the direction of Defendant E, and Defendant B and F was pushed off with E and F by a defect in order to arrest Defendant E and Defendant B as an offender in obstruction of the performance of official duties.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of the 112 reported case by police officers.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning E and F;

1. Application of the respective Acts and subordinate statutes of G and H

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 136 (1) and 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

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

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [Special Convict] - The elements of mitigation: In the event that serious injuries have occurred, the scope of mitigation area] [the scope of recommendation area and recommendation range] mitigation area, imprisonment with prison labor for one month to eight months [the grounds of suspension of execution]] ( there are no person who is a general person [the grounds of suspension of execution] (the grounds of suspension of execution] major pride: The grounds of non-compliance with punishment (including serious efforts for recovery of damage) - The grounds of general pride are clear social relation: social relation.

3. Determination of sentence: Six months of imprisonment with prison labor, one year of suspended sentence, and 40 hours of community service order (Consideration of the crime in this case, circumstances of the crime, attitudes, degree of participation, results of the crime, etc.);

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