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(영문) 광주지방법원 목포지원 2014.06.09 2014고단310
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

At around 02:00 on January 26, 2014, the Defendant interfered with a police officer’s legitimate execution of duties concerning handling of 112 reports by keeping the victim’s chest part of the Defendant’s chest, who was dispatched by the Defendant D to handle a traffic accident that occurred in the course of the operation of the vehicle on the front of the C cafeteria located in Sinpo City B, and the Defendant interfered with the Defendant’s lawful performance of duties by having the victim’s breast part of the Defendant’s breast part twice by her hand, with the victim’s knife, she is superior to, and cut off.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing evidence 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 on Probation;

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

2. Determination of the scope of sentence: Reduction area, range from 8 months to 8 months (in case of special mitigation, the degree of assault is insignificant);

3. The sentencing criteria shall be set within the scope of the sentencing criteria and the execution thereof shall be suspended, taking into account the following factors: the defendant's decision on the sentence of punishment and the suspension of execution are divided into account his/her mistake, the defendant has no record of criminal punishment exceeding a fine, the defendant's age, character and conduct, family relationship, etc.

Public Prosecution Rejection Parts

1. Around 02:00 on January 26, 2014, the Defendant: (a) took a bath view that the victim G (the age of 26) was satisf and was satched with a traffic accident that occurred in the course of driving a vehicle on the front of the C cafeteria located in Sinpo City B; and (b) assaulted the victim at one time the Defendant’s satisf by satisf, bitch chron, bitch bitch bitch, and bitch bitch bitch, and continuously breafing the Defendant’s satch with both hand.

2. We examine the judgment.

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