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(영문) 광주지방법원 목포지원 2016.01.18 2015고단1278
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2015, the Defendant: (a) discovered a dispute with the Defendant around the D District Team in the Wood-si Police Station D on 21:00, and reported it to the scene and confirmed the circumstances of the instant case to E and D District; and (b) found the Defendant to E in the situation where the D District was affiliated with the D District, which was dispatched to the site; and (c) caused the Defendant to mislead E to the Inspector E.

“In doing so, assaulted, i.e., f., E’s chest at one time by hand.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (as to the confirmation of CCTV images recorded in a D police box);

1. Application of CCTV-recording CD-related Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Sentencing under Article 62-2 of the Criminal Act of an order to attend a lecture or order to provide community service;

1. Determination of types of crimes: Group 1 that interferes with the performance of official duties;

2. Determination of the scope of sentence: Reduction area, range to eight months (a person who is subject to special mitigation: the degree of assault is not limited);

3. Determination of a sentence and suspension of execution shall be determined within the scope of the sentencing guidelines in consideration of the fact that the defendant acknowledges and reflects his/her mistake, the degree of interference with the execution of official duties is minor, the defendant appears to be a contingent crime, the defendant has no record of punishment for an offense interfering with the performance of official duties, the defendant's age, sex, family relationship, health status, etc., and the execution thereof shall be suspended.

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