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(영문) 광주지방법원 2020.11.18 2020고단4074
공무집행방해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on July 24, 2020, the Defendant assaulted a street cleaners who was working in front of Btel at Btel at Btel at B office on the front of the instant case, and subsequently interfered with a police officer’s legitimate execution of duties concerning the handling of the reported case by assaulting him, by assaulting him, such as a street cleaners who was working in front of Btel at Btel at B office at B office at B office at the time of B office, and by demanding him to return home from E in the circumstances belonging to the B police box at the B police station where the police officer called out after receiving 112 report on the said case, and the police officer attempted to contact the Defendant’s family, making the said police officer’s attempt to contact with the Defendant, making the said police officer’s “I would die.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts;

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

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

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 [the scope of the recommended area and recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person] mitigation element: the state of mental and physical disability (which is responsible for the person himself/herself), and there is no history of criminal punishment (which is considered for the reason of suspension of execution] - There is no history of criminal punishment - there is no history of general pride: Social relation clear, serious reflectness, the detention of the defendant is accompanied by excessive difficulty to his/her family members - there is no effort to recover damage.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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