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(영문) 광주지방법원 목포지원 2015.10.26 2015고단933
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five 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 August 11, 2015, at around 21:55, the Defendant asked the Defendant at the entrance of the Central Lower-ro 41:55, that he was sent to the scene after having received 112 report to the effect that the male arrested the female, and then asked the Defendant “I am needed to ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever, ever ever ever ever ever ever ever ever ever ever ever ever ever ever by the Defendant.”

계속하여 피고인은 같은 날 22:10경 목포시 E에 있는 목포경찰서 C파출소에서, 경사 D이 피고인의 인적사항을 묻자 경사 D에게 “씹새끼야 말 좃같이 하네.”라고 욕을 하면서 양손으로 경사 D의 양쪽 얼굴 부위를 때리고, 팔로 목을 감아쥐어 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of the 112 reported case by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report on the attachment of CCTV images and photographs, and the application of the Acts and subordinate statutes on CCTV image records;

1. Article 136 (1) of the Criminal Act that provides corresponding legal provisions and several types of punishment for the crime;

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: Reduction area, range to eight months (in cases of special mitigation, the degree of assault is insignificant);

3. The decision of sentence and suspended execution recognize and reflects his mistake, the degree of obstruction of performance of official duties is minor, contingent crimes, the defendant does not have the same criminal power, and the age of the defendant;

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