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(영문) 광주지방법원 목포지원 2019.03.29 2018고단1057
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

Punishment of the crime

On October 24, 2018, at the main point of "C" located on 03:19 Sinpo City B and 4, the Defendant solicited the Defendant to return home on the first floor from police officers belonging to the Jeonnam Police Station D District Unit of the Jeonnam Police Station, which was called the Defendant to return home on the first floor of the above building, and decided on the left side of the above E as the Defendant returned to the district before the first floor of the elevator of the first floor, and turned on the top side of the above E as the Defendant returned to the district, and the horse F was able to control the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes governing submission of explanatory notes and CDs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of recommendations according to the sentencing guidelines for the crime of obstruction of performance of official duties [Article 1] The obstruction of performance of official duties/performance of duties [Special Convicts] - The mitigation elements: In cases where the degree of violence, intimidation and deception is minor [the scope of recommendations and recommendations] mitigation areas, there is no person who has been sentenced to imprisonment with labor for one to eight months [the grounds for suspension of execution of punishment] (the grounds for suspension of execution of punishment] - In cases where the degree of violence, intimidation and deception is minor, the grounds for suspension of execution of punishment is clear social relationship.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year, community service (the main points of a fine due to interference with business, and the main points of a second visit and inspection for returning home from a police officer who was dispatched to the police officer, which led to obstruction of performance of official duties by deceiving the police officer and failing to agree with the victim, etc.);

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