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(영문) 광주지방법원 해남지원 2019.07.11 2019고단209
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 May 27, 2019, at around 19:10, the Defendant took a bath to “Seido Police Station D District Unit E (31 years old) of Yido Police Station D (31 years old) who was called out after having received 112 reports in front of the mobile phone agent in Yando-gun B, Yando-gun, the Defendant taken a bath to “Sado-gun Man Man Man Makh, Man Makkh, and Man Man Mahh, Mah.” The Defendant took a bath to “Sado-gun Man Mak,

계속하여 피고인은 E에게 현행범인으로 체포된 후 112순찰차에 탑승하여 이동하던 중 좌우측발로 E의 오른쪽 손등을 2~3회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. A report on investigation (the sequence 8 of evidence list);

1. A detailed statement on handling 112 reported cases;

1. Application of Acts and subordinate statutes of violence victim photographs;

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, such as probation, community service order and order to attend lectures;

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of the performance of official duties: [Type 1] the obstruction of the performance of official duties or the coercion of duties (special sponsor]: In the area of reduction of punishment [the area of recommendation and the scope of recommendation], the area of reduction of punishment, and one month to eight months.

3. Determination of sentence: Ten months of imprisonment, and obstruction of performance of official duties for a period of two years of suspended execution are crimes that interfere with legitimate exercise of public authority, and thus undermine the legal order and the functions of the State, and thus requires strict punishment.

Although the Defendant committed the offense of insult and obstruction of the performance of official duties against police officers, the Defendant had been punished several times, the Defendant committed the instant offense.

The degree of assault by the defendant against the police officer or the degree of obstruction of performance of official duties cannot be seen as minor.

In light of these various circumstances.

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