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(영문) 광주지방법원순천지원 2020.10.29 2020고단1349
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 28, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for injury, etc. in the Gwangju District Court's Netcheon Branch, and completed the execution of the sentence in the Gwangju Prison on March 26, 2019.

On May 23, 2020, the Defendant received two tickets from the automatic ticket stop at a net bus terminal, which is located at 13:35,000 p.m. on May 23, 2020, and demanded a refund to employees. However, the Defendant demanded a refund immediately at the end that refund would be possible after 3:0 days, and raised the speech. The Defendant prevented the Defendant from performing the work of the net Police Station B police box sent to the site upon receipt of a report 112, as the circumstances leading up to the Defendant’s dispatch at the site would inflict any danger and injury on the said employees, and instead, the Defendant did not draw up two times in his hand with the above C’s left chest by enhancing the character of the words “i.e., doing harm to the said employees,” and instead, she pushed off the Defendant’s act by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The service log of the police box;

1. Previous records of judgment: Criminal history records, inquiry reports (reports on confirmation of the same kind of power and the period of repeated crimes), inquiry into confinement information, application of statutes on judgment;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts] - mitigated elements: Where the degree of assault is insignificant (the scope of the recommended area and the range of the recommended punishment] mitigated area, and one month to eight months [Grounds for Suspension of Execution] disqualified (reasons for Suspension of Execution of Sentence];

2. In light of the fact that the Defendant committed the instant crime without being aware of having been sentenced to imprisonment three times since 2015 due to the crime of injury, damage to property, etc., the Defendant committed the instant crime.

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