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(영문) 광주지방법원 목포지원 2014.09.29 2014고단1088
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 February 9, 2014, around 23:30, the Defendant:30, at the “C” located in Fabababababbabab, and the disturbance was fababbab with D and the drinking value, and the Defendant was compelled to refrain from F in the process of the police box belonging to the Fababa police station, called “if a public official is to start his body or if he is to start his body,” and assaulted the F’s chest with his body by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crimes: Type 1 of obstruction of performance of official duties;

2. Determination of the scope of sentence: Reduction area, range from 8 months to 8 months (in case of special mitigation, the degree of assault is insignificant);

3. The sentencing guidelines shall be set within the scope of the sentencing guidelines and the execution thereof shall be suspended, taking into account the following factors: (a) the Defendant’s decision on the sentence and the suspension of execution of execution of sentence are recognized and against his mistake; (b) the degree of the obstruction of performance of official duties is not serious; (c) the Defendant is contingent; (d) there is no history of criminal punishment after 2008; and (e) the Defendant’

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