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(영문) 광주지방법원 목포지원 2021.01.29 2020고단1280
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2020, the Defendant: (a) instructed the police officer, including D, who was dispatched upon the Defendant’s 112 report, to the effect that “under intimidation B was subject to intimidation; (b)” on August 18, 2020; and (c) assaulted D, by the Defendant’s body, including D, to “I will die and throw away the police officer,” without any justifiable reason, to listen to the details of the report; and (d) the said D, “I am stife with the Defendant’s body,” stating, “I am imple with the Defendant’s body.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the list of reported cases by the police statement of D 112 and the list of investigation reports (a motion picture attachment interfering with the performance of public duties);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with the performance of official duties on the grounds that a crime interfering with the performance of official duties is [the Class 1] interference with the performance of official duties or coercion [the special sentencing factors] mitigation factors: Where the degree of violence, intimidation, and deceptive scheme is minor [the territory of recommendation and the scope of the recommended punishment] mitigation area, one month to eight months of imprisonment;

3. Determination of sentence: Six months of imprisonment with prison labor and two years of stay of execution (in the case of the past record of the same type of crime, considering all the conditions of sentencing including the defendant's age, sex behavior, environment, etc., including the fact that the defendant's error is unfavorable, or that the defendant's mistake is recognized and reflected, the degree of force exercised, and the degree of interference with the execution of official duties

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