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(영문) 광주지방법원 목포지원 2014.10.13 2014고단1199
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 August 2, 2014, at the entrance of 01:41, the Defendant: (a) reported at the second floor of “Cnobya” located at Mapo-si B, and received a report from 112, the Defendant used the victim Nonindicted Party E (Nam, 45 years of age) and F (Nam, 42 years of age), who was requested the Defendant to open a singing door and to state the circumstances of the instant case from the frontnam Police Station D (hereinafter “Cnoby-si”); (b) the Defendant used the victim’s back part of the back door at one time to walk; and (c) assaulted the victim E’s face to take one time to take the part after arresting the Defendant in a flagrant offender after arresting the Defendant.

Accordingly, the defendant assaulted victims who are police officers, thereby hindering police officers from performing their legitimate duties concerning crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a report of investigation (as to the contents dialogueed with a police officer by a suspect-friendly G police box);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. In the case of obstructing the performance of official duties by multiple public officials who perform the same duties as those provided for in Articles 40 and 50 of the Criminal Act, each crime of obstructing the performance of official duties is an ordinary concurrence relationship.

(1) The court below’s decision to punish a person who is subject to imprisonment with labor on June 25, 2009 (see, e.g., Supreme Court Decision 2009Do3505, Jun.

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant's mistake is recognized and against himself, that the defendant has agreed with the police officers, that there is no record of criminal punishment exceeding the fine, that the defendant's age, character and conduct, and sentencing guidelines [referring to the lower limit of the sentence range set out in the sentencing guidelines (which is the basic area of obstruction of performance of official duties, six months to one year, and one year to four months, and no special person): etc., shall be determined as the sentence order for the defendant.

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