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(영문) 광주지방법원 목포지원 2020.07.21 2020고단615
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 July 14, 2019, around 03:05, the Defendant: (a) boarded the E-cab in the operation of D in front of the Yandong-gu Seoul Metropolitan Area B; and (b) did not pay the fee without giving rise to the arrival of the Yandong-gu Seojin-gu, Seoul Metropolitan City; and (c) as the F District of the Yansan Police Station where D was in the vicinity of the Defendant, the Defendant reported 112.

At around 03:10 on the same day, the Defendant: (a) heard from a slope H belonging to the said F District G located outside of the said said F District G, with the words “I ambling a taxi fee, and I amb off at home” from the said said F District H, and (b) took a bath to the said H, i.e., “I ambi frien? I ambi? dym dym humb,” and (c) took a flaf with his hand, and flafed with h’s flab, and flaf.m. by drinking.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A H statement;

1. Application of Acts and subordinate statutes to report internal investigation (i.e., photographing, etc.), investigation report (the confirmation of CCTV in the FF district), CCTV, and investigation report (the analysis of dynamic images);

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (including the fact that the person commits an error and the degree of exercise of tangible power, as well as the age, character and conduct, environment, criminal records, etc. of the defendant);

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