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(영문) 광주지방법원순천지원 2020.09.09 2020고단305
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 January 30, 2020, the Defendant: (a) around 20:10, the Defendant: (b) was drunk to the customers who want to use the said small-scale bank under the influence of alcohol in front of the C main points in lightyang-si B; (c) was able to take the time expenses; and (d) 112 reported and sent to the players, and (e) was able to stop the Defendant and returned to the Defendant.

The police officer's improper performance of duties concerning the duty of 112 mobilization report was obstructed by assaulting the police officer's chest by "I am, am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am."

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. tear gas;

1. Application of Acts and subordinate statutes to a report on investigation (limited to the attachment of images taken by police officers of a D District Guard);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, character and conduct, and environment, six months of imprisonment, one year of suspended execution, one year of suspended execution, three times after 190 and no previous conviction exists, and no previous conviction exists, and the circumstances of the case, the mode of obstruction of performance of official duties, and other records.

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