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(영문) 광주지방법원 목포지원 2014.11.24 2014고단1263
공무집행방해
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

On July 9, 2014, at 01:09, the Defendant: (a) went to the site and took a bath to another person under the influence of alcohol after having received 112 report in front of D Apartment 104, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, G, G, and asked the address to find a defendant who has a dispute with him/her and to take a measure for returning home; and (b) Mapo-si, Mapo-gu, Mapo-si, Mapo-gu, Mapo-si, Mapo-si, Mapo-si,

The Defendant, who was arrested as a flagrant offender and moved to E zone, committed assault, such as walking the left side of the slopeF with the left side of the patrol vehicle, while getting on the patrol vehicle and moving to the E zone.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (H telephone communications);

1. The application of two Acts and subordinate statutes to photographs of victims, violence video materials, and photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

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

1. Determination of types of crimes: Type 1 of obstruction of performance of official duties;

2. Determination of the scope of sentence: Basic area, six months to one year and four months (no special person shall be punished);

3. The sentencing criteria shall be set within the scope of the sentencing criteria and the execution thereof shall be suspended, in consideration of the fact that the accused acknowledges and reflects his/her mistake, the degree of violence is not serious, the defendant appears to be a contingent crime, the age, character and conduct, family relationship, etc. of the accused;

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