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(영문) 광주지방법원 2020.05.20 2019고단4543
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for the crime of destroying and damaging special objects, and the judgment became final and conclusive on April 28, 2018.

On October 22, 2019, at around 01:05, the Defendant: (a) received an inquiry from the head of the police station affiliated with the Gwangju Northern Police Station C District of the Gwangju Northern Police Station, who was called upon a report of 112 regarding the assault, and confirmed the facts pertaining to the assault, and (b) obstructed the Defendant’s legitimate execution of duties by having the police officer’s report of the instant case 12, i.e., “the bit of bitch bitch bitch bitch bitch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch xch mar f mar x x x x mar x x x k.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D, E, and F;

1. 112 reported case handling table;

1. Work log in the C District (at night);

1. Application of the Acts and subordinate statutes to a photograph by photographing a mobile phone by the dispatched police officer;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspension of execution for 2 years; and

4. The Defendant committed the instant crime under the influence of alcohol without being aware of the fact that he/she had been in the period of probation (at present, the period of grace has expired), and other criminal records.

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