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(영문) 광주지방법원 2018.11.29 2018고단3338

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 10, 2018, around 00:08, the Defendant called up at the office of the watchkeeping staff of the C Apartment Complex Management Office, after receiving a report of 112 on August 10, 2018, and was under the influence of alcohol to rescue the Defendant, and took protective measures to care of the Defendant, the police officer belonging to the D Zone of the State Police Station, “in the case of a police officer,” and “in the case of

Absing the face of the above police officer at one time, who takes the bath, and assaulted him at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on investigation and protective measures of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. F's self-written statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the same Act have been punished by a fine by insulting a police officer in the state of being taken place in 2016. In 2017, the fact that the defendant was punished by a charge of obstructing the service of apartment security guards residing in the defendant is disadvantageous to the defendant, or the defendant was sentenced to imprisonment within the scope of the sentencing guidelines recommended by the Supreme Court sentencing committee (one month through eight months of imprisonment) considering the circumstances revealed during the hearing of the case, and considering the degree of tangible power exercised by the defendant, etc., the sentence shall be sentenced to imprisonment within the scope of the sentencing guidelines recommended by the Supreme Court sentencing committee (one month and eight months of imprisonment