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(영문) 광주지방법원 목포지원 2015.08.27 2014고단2099
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

At around 23:05 on December 5, 2014, the Defendant: (a) committed an assault to the C restaurant located in Sinpo-si B, with the report of 112 that there was a trial expense among customers; and (b) the police officer affiliated with the Mapo-gu Police Station D police box called “Isman???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the investigative report (a photograph and CD attachment), three photographs, and one CD-1 statute;

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 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 sentencing criteria shall be set within the scope of the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his mistake, the degree of obstruction of performance of official duties is minor, the fact that the accused appears to be a contingent crime, the age, character and conduct, etc. of the accused, and the execution of the sentence shall be suspended;

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