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(영문) 광주지방법원 2020.09.10 2020고단3852

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 11, 2020, at around 10:28, the Defendant got drunk at the construction site of the first floor of the hotel underground in Seo-gu, Seo-gu, Seo-gu, Gwangju, and reported 112 to the effect that the person in charge of the construction site of the discovered name in the construction site “the person is diving due to outside person,” and on the same day, D and E sent to the above site by around 10:40 on the same day.

The Defendant, at around 10:40 on the same day, recommended the Defendant who was divingd by the police officers, to have him returned home, and the Defendant took a bath to slope E, and her hand pushed the chest E with his hand on three occasions.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes to a report on investigation (related to CCTVs related to criminal conduct), a report on investigation (limited to the place of work in the C District and the report in the 112 case);

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. An unfavorable circumstance, such as the exercise of assault against a police officer who was dispatched as a report on the reason of sentencing under Article 62-2 of the Criminal Act on probation, such as: (a) the fact that the defendant has been subjected to a disposition of juvenile protection once more than time; (b) the confession of the defendant; (c) the defendant has no record of criminal punishment; and (d) the defendant has no record of criminal punishment; and (c) the favorable circumstances, such as the fact that the crime of this case has occurred contingently; and (d) the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, character and behavior, environment, motive for the crime, and circumstances after the crime, etc.