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(영문) 광주지방법원 목포지원 2016.07.21 2016고합33
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2016, in front of the Defendant’s wife’s house located in Newanando-gun D, the Defendant was able to avoid entering the house from G to the seat of the Bapo police box located in the Mapodong-gun, wherein he was under the influence of alcohol and was under the influence of a disturbance, after receiving a report from the Defendant. The Defendant was asked the police officer as soon as possible of the above Gapo-gun’s 85 centimeters in length, which is dangerous articles going through the E’s house before sunrise, by hearing the statements of Ma, going through the door and going into the door, thereby getting out of the house, at one time the head of Gapo-Gun-gun, and twice the head of Y with the defensive G to defend him, and then two Gapo-gu police officers were unable to perform their duties so as to prevent him from entering the house. In so doing, the Defendant asked the police officer from performing his duties as to the above Gapo-Gun-gun’s body and 2 Gapo-man’s body.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement protocol with respect to G and E;

1. Investigation report (Attachment of a medical certificate of injury);

1. Application of the Acts and subordinate statutes to the parts of damage, deadly weapons photographs;

1. Articles 144 (2) and 144 (1) and 136 (1) of the Criminal Act concerning facts constituting an offense (any injury caused by interfering with the execution of special duties) of the said Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the punishment [the scope of the recommended punishment] from one year and six months to three years (the area of mitigation] from one year and six years (the area of mitigation].

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and the crime of this case for three years of suspended execution shall be carried out by the defendant as dangerous articles;

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