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(영문) 광주지방법원 목포지원 2020.05.26 2019고단1047
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on August 28, 2019, the Defendant, along with the above B, tried to see C’s her wife B and her wife C, for the first time in front of the Republic of Korea, the Defendant got asked of C about the circumstances of the instant case from the slope G to which C’s 112 report was sent to the police station, and tried to go to the said G, such as “I want to go to the police station, I would like to go to go to the police station, including “I will start a video, I would like to go to the police station,” and further to go to the said G, G’s chest her face with the drinking and hand-on her face three times, and to receive a notice from G to be arrested as a flagrant offender.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. C’s statement;

1. Application of the Acts and subordinate statutes on internal investigation reports (fences of obstruction of the performance of official duties and audio verification), CDs and caps photographs;

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. 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: Imprisonment with prison labor for one year, two years of suspended sentence, community service hours for 40 hours;

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