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(영문) 광주지방법원 2021.01.13 2020고단5388
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2020, at around 16:25, the Defendant: (a) stated that “C,” located in Yong-gun B, Nam Young-gun, would enjoy a restaurant by a drunk person; and (b) stated that “I am out of ice gue, make, make,” and assaulted the above E face on one hand, she was able to wear a horn on the part of the hand, before called to the site after receiving a report from 112 that I am under the influence of a drunk person.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 reported cases, and at the same time damaged the safety of 20,000 won at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of a case interfering with the performance of official duties;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning concurrent crimes (Punishments imposed on a person who interferes with the execution of public duties heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act - the reason for sentencing under Article 62-2 of the Social Service Order Act - Since it is an ordinary concurrent crime, the sentencing criteria for the crime of obstructing the performance of official

1. The scope of punishment by law: Imprisonment for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspension of execution for 2 years; and

4. The following is an unfavorable circumstance: (a) assaulting a police officer’s face to perform official duties while wearing a warning with specific grounds for sentencing; and (b) not being used by a victimized police officer.

However, there is no record of interference with the execution of official duties and fines, which reflects his or her mistake, reimburses the money equivalent to the damaged awareness.

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