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(영문) 광주지방법원 목포지원 2019.10.29 2019고단386
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2019, around 21:50, the Defendant committed the crime against the police officer B: (a) refused to leave the vehicle at a Dob, F taxi of the E driving; (b) avoided the disturbance; (c) displayed the drinking to the person who was requested by G during the process of the police box, who was in charge of a duty to stop the vehicle and pay the fare; and (d) assaulted the part of the left face of the police box during the process of the patrol box (the age of 54) where the police box was assigned to that patrol box.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

2. On March 13, 2019, around 23:25, the Defendant committed a crime against G with police officers: (a) at the police station and office of the Mana Police Station and office located in 124, the Defendant was arrested under the suspicion of obstruction of the performance of official duties under paragraph (1); (b) during the police box of paragraph (1) to the police officer G (the age of 48) who was under the jurisdiction of the police station of the Mana Police Station and the police box of paragraph (1) “I will not take the following; and (c) assaulted the victim’s left part by drinking once the victim’s left part.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and transfer of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Each written statement of E and G;

1. Application of the Acts and subordinate statutes to the photograph of the instant case (D set-off CCTV) and the photograph of the instant case (CCTV)

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: Six months of imprisonment with prison labor, two years of suspended sentence, confessions made for a period of two years, the degree of violence is minor, and one of the victimized police officers.

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