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(영문) 광주지방법원 2018.10.25 2018고단2935

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 8, 2018, the Defendant was urged to return home from 112, while under the influence of alcohol on the road in front of the front of the Gwangju Northern apartment site B in Gwangju, the Defendant took a bath on the following grounds: (a) he was sent to the Seoul Northern Police Station Cdistrict belonging to the Seoul Northern Police Station, and (b) he was urged to return home from E, which is incurred by the police officer in front of the Gwangju Northern apartment site, and (c) “packer shall start to us,” and (d) he was able to walk up two times due to the right edge and walk up two times on the right edge, and (e) the face of E, which restrains this.

At around 01:20 on the same day, in order for the defendant to return home, the defendant was accompanied by the defendant in the above B apartment Fdong in front of his residence, and the defendant is about to take the first race of his residence in front of his residence with the defendant's right knee and walked two times to the right knee, and the defendant was faced with his face one time as a drinking.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of protection and observation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the type of determination] interference with the performance of official duties, taking into account all the circumstances, such as the following: (a) the basic area of first type (in the area of recommendation), [the scope of recommendation] [the scope of recommendation] six months to one year and six months]; (b) the defendant's mistake is recognized; (c) the defendant has no criminal history of the same kind of crime; and (d) the degree of the exercise of force against police officers;