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(영문) 전주지방법원 군산지원 2015.06.19 2015고단288
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

On February 7, 2015, the Defendant, at the house of the Defendant No. 22 and 202, Gasan-si, Kasan-si, Kasan-si, and 202, flabeded the flab of D, his father, and was reported on 112, and flabeded by the Defendant, he was the police officer belonging to the E zone of the former North Korea Police Station E zone, and flabddddddddddddddddddddd

The defendant spits or spits the above F while taking a bath, and spits the face of the above G with drinking and side spits once.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing guidelines for the crime of obstruction of performance of official duties are not applied directly because the sentencing guideline of Article 62(1) of the Criminal Act is in the relationship of ordinary concurrent crimes on the grounds of sentencing under Article 62(1) of the Criminal Act.

[Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor, the scope of punishment for the obstruction of performance of official duties shall be determined as per Disposition in consideration of the following: (a) the extent of violence committed by the defendant to police officers and the degree of damage inflicted on the police officers; (b) the defendant divided the crime and submitted a letter of agreement among police officers after the closing of argument; (c) there was no less punishment exceeding the fine prior to the crime in this case; and (d) the defendant's age, family relationship, etc. are considered.

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