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(영문) 광주지방법원 목포지원 2020.01.31 2019고단665
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 June 6, 2019, at around 01:17, the Defendant: (a) reported on the front of “C” in Fabling B; and (b) sent by police officers affiliated with the D police box called “C” after having received 112 a report that there was an drinking value; and (c) caused the disturbance, such as fabbling the disturbance, and fabing the disturbance, and fabing the disturbance of E in violation of the Punishment of Minor Offenses Act; and (d) attached the above E’s arms returning to the patrol route after completing the on-site photographing, etc.; and (e) expressed the above E to the said E, “I will not pushed off and sell E,” and (e) caused E to drink the ppuri part of the bar.

Accordingly, the Defendant assaulted the above E and interfered with legitimate execution of duties concerning the dispatch of report and the maintenance of street order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and F;

1. G statements;

1. Application of Acts and subordinate statutes concerning investigation reports (Attachment of images related to a criminal offense by a suspect), CDs related to images, and photographic data;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: 4 months of imprisonment with prison labor, one year of suspended sentence, and one year of suspended sentence, although there are many similar and similar criminal records against the defendant, the defendant's mistake is recognized and reflected, and the degree of obstruction of performance of official duties is considered as a contingent crime under the influence of alcohol, and the degree of obstruction of official duties is insignificant, and all of the sentencing conditions shown in the records and arguments, including the defendant's age, character

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