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(영문) 광주지방법원 순천지원 2015.07.15 2014고단1307
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 24, 2014, at around 19:30, the Defendant: (a) took a trial expense to the players who were under the influence of alcohol in the Dobong Park, which was sent to the Defendant, and received a report; and (b) the victim C, a slope belonging to the brigade B police box, who was called the Defendant, expressed the Defendant’s desire to return home to the Defendant, and took a part of the victim’s left face one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Photographs of the defendant;

1. To report the investigation into and report on the behavior, etc. of a police box A, etc., and to report the results of investigation;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Reduction elements of Category I (Obstruction of Performance of Official Duties and Force of Duties) (Special Convicts): Reduction element of the scope of recommendations on the sentencing criteria [Determination of the sentencing criteria] and the reduction area (determination of the recommended area and the scope of recommendations), one month to eight months;

2. A person who has been subject to suspended execution (major reasons for such suspension: positive) where the degree of violence, intimidation, or deceptive scheme is insignificant (general reasons for writing: negative reasons): A person who has been subject to suspended execution or more times;

3. Comprehensively taking into account the following circumstances: (a) there are three previous convictions for violent crimes that have been committed by a victim who is disadvantageous to the decision of sentencing; and (b) the extent of normal assault favorable to the two recent instances of suspended sentence is minor; and (c) all other sentencing conditions on the records, such as the age, character, conduct and environment of the

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