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(영문) 광주지방법원순천지원 2020.08.12 2019고단2911
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Around 02:00 on November 18, 2019, the Defendant assaulted the Defendant by forcing his spouse aboard a taxi on the ground floor by putting his spouse aboard the taxi in front of the police box located at Yacheon-si B, by putting his head, and spreading it on the ground floor. At the same time, D, a police officer belonging to the police box at the Yacheon-si Police Station C, who observed this act, controlled the Defendant, and “I want to see her head head flasing along the flab, her head flab, her head flab, and flab to flab the flab in the flab head flab.”

As such, the Defendant interfered with the legitimate execution of duties concerning D's crime prevention, etc. as police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a place of duty and a criminal investigation report (a CCTV video check);

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. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. Determination of sentence: The sentence shall be determined as per Disposition within the scope of the sentencing criteria, comprehensively taking into account the following circumstances: the defendant's age, character and conduct, environment, criminal records, the background and result of the crime of this case, and other various conditions of sentencing indicated in the records, such as the circumstances after the crime, etc., appears to be the attitude that the defendant committed the crime of obstruction of performance of official duties and that the defendant committed the crime of this case for six months in prison, one year in probation, one year in probation, and

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