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(영문) 광주지방법원 목포지원 2014.07.17 2014고단696
공무집행방해
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

On May 9, 2014, around 01:47, the Defendant was subject to drinking control from the police station D, etc. belonging to the wooden Police Station, on the roads of a gas station C in Sinpo City C in Sinpo City B.

As the Defendant was demanded from D to put a hidden in a drinking measuring instrument, the Defendant refused to do so, put the shape of the Defendant who was taken as a mobile phone of the franchising DNA that refused to take a drinking, franchising it into the floor by cutting the franchising DNA mobile phone, cutting the franchis of the slope E that was on the franchising side, cutting the franchis of the background when the Defendant was taken as a mobile phone in order to increase this form, and francing the floor by drinking the franchis of the background when the Defendant was taken as a mobile phone from the side to franchis.

Then, the defendant was assaulted on the left side of the belbow D by selling the belbow D, and assaulted on the part of the left side of the burg.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of F’s written Acts and subordinate statutes;

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 and 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 from 8 months to 8 months (in case of special mitigation, the degree of assault is insignificant);

3. The sentencing criteria should be set within the scope of the sentencing criteria in consideration of the fact that the defendant's decision on the sentence and suspended execution are recognized and against his mistake, that the degree of obstruction of performance of official duties is not much serious, that the defendant has no criminal records of the same kind, that the defendant has no criminal records, the defendant's age, character and conduct, family relationship, etc., and the execution

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