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(영문) 광주지방법원 2017.12.13 2017고단5148

공무집행방해

Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 9, 2017, the Defendant: (a) on the front day of the C drinking House located in Gwangju Mine-gu, Gwangju, on October 9, 2017; and (b) on the ground that the police officer’s work, such as slope E belonging to the D District Unit of the Police Station in the Gwangju Mine-gu, which was called upon 112, was broken down, the Defendant was a police officer who is a police officer of the 110th day, and has been dead and discarded.

놔 라, 이씨발 놈 아. 저리 꺼져, 씨 발 놈 아. "라고 욕설을 하고 신발을 들어 위 E의 얼굴을 때릴 듯이 위협하다가 위 E의 허벅지를 발로 1회 걷어찼다.

Accordingly, the defendant committed violence to police officers who perform legitimate public duties on the maintenance of order and interfere with public duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

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

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of recommended punishment] 6 months - one year and six months - one year and six months - the basic area (the scope of recommended punishment] - the type 1 (the obstruction of and the coercion of duties in the area of interfering with the performance of public duties)

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered, taking into consideration the following circumstances.

Unfavorable circumstances: The driver obstructs the performance of official duties, such as walking a police officer who is legally performing his/her duties, and the circumstances favorable to the fact that he/she has been punished for violent crimes: The fact that he/she assaults a police officer who intends to protect the defendant who was under the influence of alcohol and does not intentionally interfere with the performance of official duties; the fact that he/she has no record of punishment for the same crime; the fact that he/she has led to the confession of a crime; and the fact that he/she is divided