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(영문) 광주지방법원 2021.03.11 2020고단5873
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2020, the Defendant: (a) at C Center located in Gwangju on July 15, 2020, the Defendant sent a domestic nursing worker from the Center to D who is well in charge of welfare affairs.

“Along with the desire to take care of the person in charge of the welfare affairs of the above center, which solicits the person to be in charge of the foregoing D and to avoid the disturbance, the victim F, who is the police officer belonging to the former Mine Office, was removed from the disturbance, and the above F would interfere with the duty of the protection of the petition police office and the maintenance of public order and security, such as "Abreging the brue of Chewing fe" and the brue fe’s feas "on his hand at one time while taking a bath," the brug of the above FF at one time by hand, with plastic debt (feb. 28cm in width, 39cm in length) being used, the head, the brue, and the brue part of the body part of the above F at one time by the defendant's ship.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of each police statement report on F and E (C Center CCTV CCTV screen reading results and victim status verification) C Center CCTV CCTV camera photographs and one copy of a public official identification card, one copy of a public official identification card, and one copy of a public official identification card, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act ( Taking into account factors favorable to sentencing among the following reasons)

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with the performance of official duties on the grounds that a crime interfering with the performance of official duties is [the Class 1] interference with the performance of official duties or coercion [the special sentencing factors] mitigation factors: Where the degree of violence, intimidation, and deceptive scheme is minor [the territory of recommendation and the scope of the recommended punishment] mitigation area, one month to eight months of imprisonment;

3. Determination of sentence: Four months of imprisonment with prison labor and two years of suspended sentence are relatively large that the defendant was punished as a crime of violence;

The crime of this case is committed against the petitioner police who performs official duties and violence.

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