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(영문) 광주지방법원 2015.07.08 2015고단1594
공무집행방해
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:00 on April 12, 2015, the Defendant received a report from the Defendant’s house located in Gwangju Mine-gu, and obstructed the Defendant’s legitimate execution of duties on the handling of the case of reporting crimes of domestic violence of E, a police official, who is a police official, of the Gwangju Mine Police Station C District, called “where domestic violence has been reported, and is in son.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to D and E by the police;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The scope of the sentencing guidelines for recommendation [the determination of the type of recommendation] the scope of the sentence for the obstruction of performance of official duties (the obstruction of performance of official duties/performance of duties) - Where the degree of violence, intimidation, and deceptive scheme is minor (the decision of the recommended area] mitigation area [the scope of the recommendation area] one month or eight months;

2. Whether or not to add a stay of execution - The reason for major reference: Where the severity of positive assault, intimidation, or deceptive scheme is insignificant - the reason for general reference: positive reflective.

3. Four months of imprisonment with prison labor for a sentence (two years of suspended sentence);

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