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(영문) 광주지방법원 2017.06.15 2017고단1501

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

At around 22:30 on March 3, 2017, the Defendant used the following violence: (a) around 22:30, at the C amusement station in Gwangju Mine-gu, the Defendant 112 reported that customers are sprinked; (b) and (c) on the ground that F was demanded the Defendant to accompany after hearing the circumstances of the instant case from the Defendant’s daily behaviors; and (d) on the ground that F was demanded the Defendant to accompany, sound was sprinked five times due to the bucking of the buck, the right bucks of E, and twice as the back buck bucks of F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties);

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the following circumstances; (b) the Defendant’s age, sex, environment, family relationship; (c) the motive and consequence of the crime; and (d) the circumstances of sentencing as shown in the instant pleadings.

Unfavorable circumstances: two damaged police officers are two, and the degree of interference with violence and official performance is more serious.

The favorable circumstances: The confession has been made in depth and the mistake has been divided.

In order to receive a letter from damaged police officers, this study tried to receive a letter.

There is no previous conviction or fine heavier than that of the same criminal offense or fine.

Many of the people want to take the ship.