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(영문) 광주지방법원 목포지원 2014.06.12 2014고단295
공무집행방해등
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

1. On January 23, 2014, around 22:50, the Defendant: (a) requested a victim F (52 years of age) who is operating E-si to get off the vehicle; and (b) assaulted the victim’s spit, spit, spit, with the driver’s seat, twice the victim’s spit, spit, with the victim’s spit, on the face.

2. On January 23, 2014, the Defendant obstructed the police officer’s legitimate performance of duties regarding the handling of the instant case by committing assaulting the Defendant’s driver’s license, which was taken to verify his/her identification card, after being arrested a flagrant offender to the G police box located in Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement;

1. - The application of Acts and subordinate statutes of photographic (Evidence No. 34 pages)

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Matters concerning the crime of violence;

(a) Determination of types of crime: Violence crimes in general;

(b) Determination of the scope of sentence: Basic area, two months to ten months (no person in special form):

2. Regarding obstruction of performance of official duties

(a) Determination of types of crimes: Type 1 of obstruction of performance of official duties;

(b) Determination of the scope of sentence: Reduction area, from to 8 months (special mitigation entity: the degree of assault is minor);

3. Criteria for dealing with multiple crimes: February to February; and

4. The punishment against the defendant is to be imposed within the sentencing criteria in consideration of the fact that the defendant's decision on the sentence and suspended execution recognize his mistake, that the degree of obstruction of performance of official duties is not much serious, that the defendant's age, character and conduct, family relationship, etc.

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