(영문) 광주지방법원 목포지원 2020.01.10 2019고단239

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(영문) 광주지방법원 목포지원 2020.01.10 2019고단239

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 01:18 on March 17, 2019, the Defendant: (a) received 112 report from the Defendant to the effect that “A traffic accident occurred” in front of the “C” located in Sinpo City B; (b) during photographing the scene of the traffic accident, the Defendant obstructed a police officer’s legitimate execution of duties concerning the handling of the report case by assaulting the 112 police officer’s chest in his hand, on his hand, who was requested from the police officer E belonging to Sinpo Police Zone D District, to go up to India for the prevention of the secondary accident; and (c) continuing to restrain the police officer from doing so, thereby obstructing the police officer’s lawful execution of duties concerning the handling of the report case.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement of the police statement of E;

1. A written statement;

1. Application of investigation reports (on-site conditions, etc.), investigation reports (act of disturbance against the district under suspicion) and CCTV video-related Acts and subordinate statutes;

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: Four months of imprisonment with prison labor and one year of suspended sentence (including the fact that a person is found to have failed to pay a fine, the fact that there is no other penalty force, as well as the fact that a person has been punished once for an offense of this Chapter, and the fact that the degree of obstruction of performance of official duties is minor,

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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