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(영문) 광주지방법원 2016.10.12 2016고단3382

공무집행방해

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 23, 2016, at around 04:00, the Defendant committed assault, such as assaulting, on July 23, 2016, 112, the police officer belonging to the Gwangju Dong Police Station D District, who was called in Gwangju Dong-gu, with the notification of 112, to cooperate in the handling of the reported case, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. The work log in the D Zone;

1. Notification to a department related to reporting 112 cases;

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

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 (1) of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [decision of the types of recommendations] the scope of the obstruction of performance of official duties (decision of the scope of recommendations] the basic area [decision of the scope of recommendations] 6 months to 1 year and 4 months; and

2. Determination of sentence: Determination of sentence of imprisonment with prison labor for not less than eight months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, circumstances surrounding the crime and circumstances after the crime, shall be determined as ordered.

Unfavorable circumstances: The police officers performing their duties properly interfere with the proper performance of national functions and caused the waste of police forces that should be concentrated on securing public order and criminal investigation.

The favorable circumstances: There is no record of punishment for the same kind of crime or violent crime, and there is no record of punishment exceeding the fine.

The confession of crime and the mistake are divided.