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(영문) 광주지방법원 해남지원 2020.04.16 2019고단513
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

At around 22:10 on December 5, 2019, the Defendant: (a) received 112 reports on the Defendant’s major revocation column at the G restaurant located in Jindo-gun, Jindo-gun; (b) received the Defendant’s recommendation to return home from E during the police officer assigned to the Jindo Police Station D police box called “I wish to go home to the detention house by leaving the said restaurant and “I want to go home to the police officer by going to the detention house”; (c) the Defendant continued to go home to go home to the front of the F cafeteria located in the said B at around 22:20 on the same day; and (d) the police officer’s failure to comply with the demand of the police officer who continued to go home to go home to the front of the F cafeteria located in the said B; and (e) the background during which the Defendant was on board the seat of the patrol car, she b

Accordingly, the defendant interfered with the legitimate performance of duties by police officers who execute the 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a photograph of a photograph of the obstruction of performance of official duties taken by a Handphone), and a photograph at the scene of Handphone shooting

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by 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 the imprisonment.

3. Determination of sentence: Four months of imprisonment with prison labor, and one year of suspended sentence are crimes of this case committed by the defendant under the influence of alcohol and without any justifiable reason, and thus, the nature of crimes is very poor.

However, the Defendant has committed all the instant crimes, and is able to repent of wrong facts.

The degree of violence exercised by the defendant is minor.

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