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(영문) 광주지방법원 순천지원 2015.05.20 2015고단404
공무집행방해
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

On March 12, 2015, around 23:00, the Defendant assaulted his children at the Defendant’s house located in Gwangjuyang-si B, 101 406 dong 406, and was dispatched after receiving a report of domestic violence, and received a removal from D in the background leading up to the Ganyang Police Station C District of the Mineyang Police Station, which was called for. On the other hand, the Defendant assaulted the Defendant, such as flaging the left side of the said D one time and flaging the flaps.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to suppression of crimes and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report, the appearance of the person under suspicion, the photograph of the damaged part, the photograph of the site of the case, the notification of the department related to the report of the 112 case, and the application of a copy of the statutes governing the C

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. The scope of recommendations on the sentencing criteria [decision of types] of the obstruction of the performance of official duties, the basic area of the first category (determination of the recommended area and the scope of the recommended punishment], six months to one year and four months; and

2. Whether to suspend the execution (general reasons for writing: positive) or not, and there is no criminal record of suspended execution or more;

3. The fact that there are only one-time criminal records before sentencing is disadvantageous to the defendant.

However, there are no criminal records of the same kind of criminal records or suspension of execution, and the fact that the criminal records are divided into one's own mistakes is favorable to the defendant.

In addition, all the sentencing conditions shown in the records of this case, such as the age, character, conduct and environment of the defendant, shall be determined as ordered.

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