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(영문) 광주지방법원목포지원 2020.08.14 2019고단1170
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 23, 2019, the Defendant: (a) was unable to file a lawsuit, such as the following: (b) on September 23, 2019: (c) on the grounds that public officials affiliated with the above Center C Center at the Mapopo City C Center located in Sipopopo City B, D’s upper part of the phone, (d) was pushed down with D’s upper part of the phone, and (d) was pushed down with the left hand, and (d) that said part was pushed down with D’s upper part, and (d) that said part was read to public officials affiliated with the above Center.

Accordingly, the defendant interfered with legitimate execution of duties concerning the operation of the above C Center.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing victim D's photo, internal investigation report (in relation to attachment byCCTV image, etc.), CDs, and video photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence: 8 months of imprisonment with prison labor and 2 years of suspended sentence (the degree of tangible force exercised is insignificant, the injured public officials and the injured public officials agree with the original sentence that the injured public officials do not want the punishment of the accused, and the sentence shall be determined as ordered in consideration of various sentencing conditions, such as the age, character and health conditions of the accused, and such punishment shall be imposed in light of the criminal records, etc. of the accused, and thus,

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