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(영문) 전주지방법원 군산지원 2020.01.31 2019고단1708
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 2, 2019, at around 00:06, the Defendant: (a) was a passenger of D cab operated by C in front of the Hasan-si B apartment; (b) did not pay the taxi fee without any special reason before the F Contracting State located in E in the Hasan-si, the destination of which is the Hasan-si; and (c) went the said C to the H District of the Hasan-si Police Station located in G in the Hasan-si, where C returned the si.

On December 2, 2019, around 00:20 on December 2, 2019, the Defendant asked the reasons why he did not pay the taxi fee at the H District Parking Site in the Y District of the Y District Police Station in the Y District of the Yasan Police Station, and argued that “A, Bals, and vs, will be attached” to I, and that I, on one occasion, sent back the left chest of the said I.

As a result, the defendant interfered with the legitimate execution of official duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law of police statement protocol to J and C

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 on probation and community service order;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the recommended punishment] There is no person [the person who is a special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months [the person who is a general person] [the grounds for suspension of execution] - The grounds for suspension of execution of general pride: The person who has a serious reflect or a person who has

3. Determination of sentence: Imprisonment with prison labor for eight months, suspended sentence two years, probation, social service, and 180 hours, the defendant in this case is under the influence of alcohol and thus requires strict punishment in light of the background, method, result, etc. of the crime, and in particular, the defendant is under the influence of alcohol for a sobandon.

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