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(영문) 광주지방법원 순천지원 2015.08.05 2015고단743
공무집행방해등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:50 on April 22, 2015, the Defendant received 112 reports to the effect that there is passenger and taxi trial expenses in front of the 5th Gocheon-dong, the Defendant sent to the Defendant, on April 22, 2015, on the ground that the victim D (the age of 52) who was employed by the 112 Report from the reporter, listens to the details of the report, etc. from the reporter, prevents the taxi, and restrain himself/herself from interfering with the operation of the YY, and the Defendant read the victim as “whether he/she would be sprink sprinke, internal sphere, and sphere,” and turned down the victim’s bombbbbling to the floor by viewing the victim’s left breale to the right hand

As a result, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and investigation, and at the same time, the defendant left-hand knee, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, D, and F;

1. Application of Acts and subordinate statutes to a medical certificate, photographs of damaged part of the victim, and a photograph explanation;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The range of recommendations on the sentencing guidelines [decision of types] the scope of general injury (general injury by person with a special sentencing): Reduction element: Minor injury (1, 4 kinds): In cases of minor injury (Special Aggravation): In cases of obstruction of performance of official duties (decision of the recommended field] basic area [the scope of recommendations] April-1, and June;

2. Whether or not to carry out a stay of execution - In the case of a negative obstruction of performance of official duties: a positive injury - a positive injury - the detention of a defendant who has no criminal record of a stay of execution of positive or more severe difficulty exists for his family members;

3. A normal conviction which has no previous conviction in favor of the decision of the sentence, and is disadvantageous to the fact that there is no previous conviction or more;

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