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(영문) 광주지방법원 2020.07.22 2020고단2748
공무집행방해
Text

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

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 22:35 on May 24, 2020, the Defendant appeared to have expressed his attitude that he would be able to take the police officer’s desire to come to know from E of the police officer assigned to the police officer of the B Police Station D police box called up after receiving 112 report while under the influence of alcohol in front of C, which is located in B at B, and without any specific reason. By assaulting the police officer with his cell phone device, the Defendant interfered with the police officer’s legitimate execution of duties concerning handling of the 112 report case by assaulting the police officer, thereby obstructing the police officer’s legitimate execution of duties.

Since some of the defendant's acts stated in the indictment do not constitute the elements of the crime of obstruction of performance of official duties, it is excluded from the criminal facts.

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 punishment according to the sentencing guidelines [decision of type] [No person in charge of the obstruction of performance of official duties] / [No person in charge of the coercion of official duties] (the scope of recommending area and recommendation] basic area, no person in charge of imprisonment with labor for six months to one year and six months [no person in general form] (the grounds for suspension of execution] (the grounds for suspension of execution of sentence] - There are no criminal records of a serious reflectness, no person in charge of the suspension of execution or heavier punishment - No person in charge of the suspension of execution of execution

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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