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(영문) 광주지방법원 목포지원 2020.04.21 2019고단898
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 25, 2019, at around 20:03, the Defendant received a notification from the police officer C and policeman D to commit a crime of violation of the Punishment of Minor Offenses Act due to disturbance of drinking alcohol, and received a notification on May 25, 2019 from the police officer C and policeman called to the site after receiving a notification on the Defendant’s 112 report that the Defendant frighted on the front of B and at the site, and sent it to the police station, “50,000 won cut, cut off, sent it to the police station.” On the ground of the written notification, the Defendant left the site on the floor, pushed the above C and D, pushed the Defendant’s body, tight the back of the patrol car, cut off the fright, fright the Defendant’s left hand from the right side of the Defendant, and moved back from the above C, and fright C with his hand, etc. one time.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of police;

1. Application of investigation reports (in relation to inquiry of suspect's written notification of notification), investigation reports (in relation to visit consultation with the police station of the suspect), investigation reports (in relation to visit consultation with the police station of the suspect), and the provisions of Acts

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by 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 the imprisonment.

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (any unfavorable condition of sentencing as shown in the records and arguments, such as the age, character and conduct, health conditions and circumstances before and after crimes, considering favorable circumstances, such as the fact that the person has a same criminal history, the fact that the person is against the situation, and the degree of the exercised tangible power is insignificant);

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