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(영문) 전주지방법원군산지원 2020.08.21 2020고단496
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 10, 2020, at around 20:50, the Defendant: (a) visited the taxi operated by B, and reported the Defendant by visiting the taxi to the zone D of the next C and the next Busan Police Station, around 21:03 on the same day, without informing B of his destination under the influence of alcohol; (b) and (c) in the case of B, the Defendant visited B of the zone D of the next C and the next Busan Police Station.

Upon receipt of the above report, the Defendant sent to the site and sent it back to the Defendant for returning home to the site, and took the bath to the Defendant as follows: “I am fatch, Madro Madro Madro Madro Madro Madro Madro, Madro Madro Madro Madro,” and assaulted the police Madro fat in the course of the several times.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the case reported to a civil petitioner by the police officer.

Summary of Evidence

1. To report each internal investigation of the written statement B by the police concerning the defendant's protocol of interrogation of the suspect to the prosecutor's office E, and to apply the victim and the Acts and subordinate statutes to the damaged party's photo.

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties and coercion of duties (special sponsers] - mitigated elements: In cases where the degree of violence, intimidation and deception is minor, [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who is sentenced to imprisonment with labor for one to eight months (the general person who is sentenced to suspension of execution of sentence] [the grounds for suspension of execution of sentence] - Reasons for general pride: serious reflectiveness

3. Determination of sentence: The defendant, on October 30, 2015, was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended sentence for the crime of obstruction of performance of official duties in the Jeonju District Court’s Gunsan Branch, and was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended sentence, and had been punished for the same crime in the past two times, but he did not know.

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