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(영문) 광주지방법원순천지원 2020.11.27 2020고단1351
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:54 on May 26, 2020, the Defendant, at the Defendant’s residence located in 01:54, committed assault, such as “A fluoring sound” with the face and body of the said D having been tightly sealed by the head of the Hocheon Police Station C Zone C, which called the Defendant who is going to the scene after receiving 112 a report, and returned to the scene, and the Defendant, who is going to go to the seat and body of the said D while going to the end, and fluoring the panty by taking the bath, and fluoring the her face and body.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the prevention and suppression of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes to a sloping by a police officer on a sloping surface or to a police officer;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: The sentencing conditions indicated in the records, such as imprisonment for four months, the defective form of obstruction of performance of official duties for one year, the fact that the suspension of indictment was imposed due to damage to public goods in 2016, the defendant's mistake and reflects against the defendant, the fact that the defendant has deposited 80,000 won for the victimized police officer, the fact that there was no previous criminal conviction, the support of wife and her child, the circumstance of this case, the defendant's age, character and behavior, and environment, shall be considered.

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