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(영문) 광주지방법원 순천지원 2015.11.02 2015고단1791
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 20:00 on September 10, 2015, the Defendant: (a) received the Defendant’s domestic violence report in the E’s residence located in Goung-gun, Goung-gun; and (b) arrived at the scene, G and patrolmen, upon receiving the Defendant’s domestic violence report; and (c) took about 1m of plastic pipe to Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YY Y YY Y YYY Y Y Y Y Y.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, G, and H;

1. Application of Acts and subordinate statutes to report on investigation (on-site exploration and photographing);

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 on a suspended sentence (The following extenuating circumstances shall be considered among the reasons for a suspended sentence):

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : The basic sphere of obstruction of performance of official duties (6 to 1 year and 4 months): The person under special mitigation of repeated crimes, not concurrent crimes: the degree of assault and intimidation is minor (decision of sentence] (decision of sentence] 10 months; the Defendant’s crime of this case for 2 years suspended sentence ; the crime of this case interferes with the legitimate performance of official duties by police officers under uniform; the nature of the crime is not good; the Defendant’s criminal record of obstruction of performance of official duties and violent crimes can be considered disadvantageously, or the Defendant led to confession and depth of the crime of this case.

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