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(영문) 광주지방법원 목포지원 2014.09.29 2014고단1142
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 05:45 on April 13, 2014, the Defendant: (a) was drunkly under the influence of alcohol in front of Bapo-si B on the road; (b) was sent by the alcohol driver after receiving a report from 112 that the alcohol driver would enjoy on the road; (c) was 119 ambulances Does of the Mapo-gu Police Station, which called the Defendant, for the purpose of sending the Defendant to the hospital, she left the 119 ambulances, and put the 119 ambulances into annoyme, and (d) again put the victim’s left face part of the victim’s drinking once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the on-site visit according to 112 report by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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 from 8 months to 8 months (in case of special mitigation, the degree of assault is insignificant);

3. Determination of sentence and suspension of execution are recognized and against the defendant's mistake, the degree of obstruction of performance of official duties is not serious, contingent crimes, the defendant does not have any other previous conviction except for punishment once by a fine in 2006, there is no same criminal records or criminal records related to violence, and the defendant's age, character and conduct, family relationship, etc. shall be determined within the scope of the sentencing criteria and the execution thereof shall be suspended.

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