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(영문) 광주지방법원 2020.12.02 2020고단4756
공무집행방해등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On September 15, 2020, the Defendant: (a) around 00:45 on September 15, 2020, at around 00:45, the Defendant: (b) recommended the Defendant to calculate the taxi cost and return home; (c) the police officer’s legitimate performance of duties concerning the handling of the 112 reported case, which was sent after receiving the 112 report from the 112 taxi engineer C; and (d) the circumstances surrounding the D Zone of the Gwangju Mine Police Station D District, called into the right blus; (c) the Defendant expressed a bath and expressed a desire to return home.

2. In the time and place indicated in the above paragraph 1, the Defendant publicly insultingd the victim E by publicly insulting the victim by stating “Is the same sembling of the same sembling with each other.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of each crime on the market);

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

1. Scope of applicable sentences under law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) [Attachment 1] Obstruction of Performance of Official Duties / Force of Performance of Official Duties (Special Convicts) - Reduction element: In cases where the degree of assault is minor, [the scope of recommendation area and recommendation range] mitigation area, one month to eight months [general person] mitigation element: No history of criminal punishment exists.

B. Second Crimes (Determination of Punishment) [Attachment 1] No person who has a general insult [Attachment 1] (the scope of recommendation and recommendation] (the scope of recommendation field and recommendation range] basic area, two to eight months of imprisonment [general person] mitigated elements: criminal punishment.

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