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(영문) 광주지방법원 목포지원 2020.02.14 2019고단610
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

Defendant 2019

5. On 22. 22. 08:26, the phrase “the passengers who have taken the influence of alcohol shall open a taxi and shall be prohibited from driving the taxi” was protected by the police box of the Southern Police Station, which was called upon 112 report, as “B police box” located in the Maritime Navy D by the police box of the Korea Coast Guard, and was recommended to return home voluntarily

At around 09:20 on the same day, the Defendant: (a) stated that “the taxi fee is changed; (b)” before the entrance of the suspender of the instant police box, the Defendant avoided the disturbance by putting the entrance door of the stop box in hand without complying with the above C’s solicitation for returning home; and (c) served the said C as the last day of the age of 68,00,000; and (d) sounded that “the instant C’s face is prepared only if it is possible to do so.” The Defendant continued to put the face of the said C one time, and continuously displayed the c’s face.

Accordingly, the Defendant assaulted C, who is a police officer, and interfered with the legitimate execution of duties regarding C’s 112 reporting processing and protective measures for a host.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a report on internal investigation (which shall be accompanied by a police officer’s statement), investigation report (which shall be accompanied by CCTV images in a police box);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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: 4 months of imprisonment, 1 year of suspended sentence, and those with the same criminal records as a year of suspended sentence are disadvantageous circumstances or minor extent of violence, and crimes which have been committed by drunkly and contingently;

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