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(영문) 광주지방법원 목포지원 2020.04.07 2019고단901
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On May 12, 2019, at around 20:10, the Defendant: (a) sent to the site after receiving a report from 112 that “C,” which was dissatisfied with the work on the street in front of “C” located in Sinpo City B, and sent to the guard for the police box of Sinpo Police Station D that solicits him to return home separately from that of the work, and assaulted twice the parts of E in front of his own clothes.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to internal investigation reports (as at the time of arrest of a suspect), video CDs or caps upon arrest at the time of arrest;

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;

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] the obstruction of performance of official duties and coercion of duties [Special Convicts] - mitigated elements: In cases where the degree of violence, intimidation and deception is minor [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who has been sentenced to imprisonment with labor for one to eight months [the grounds for suspension of execution] (the grounds for suspension of execution of punishment] [the grounds for suspension of execution of punishment] major pride: In cases where the degree of violence, intimidation and deceptive scheme is minor, a person who is not subject to punishment (including serious efforts to recover damage).

3. Determination of sentence: Six months of imprisonment, one year of suspended sentence, and 40 hours of community service order;

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