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(영문) 광주지방법원 순천지원 2018.04.27 2017고단2353

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 13, 2017, at around 18:20, the Defendant 18:20, sent a fright to the pharmacist of the above pharmacy in the D pharmacy located in C, and was dispatched from the police officer F, who was the police officer belonging to the F, who was called out after receiving 112 a report, and went out of the pharmacy, and was able to go out of the pharmacy, and was sprinked, sprinked, sprinked, sprinked, sprinked, sprinked by the above police officer once a week, and sold by hand.

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Report on internal investigation (for video images taken by a police officer released from a strike, referring to such video images);

1. A place where he/she will serve in a police box;

1. Side photographs of a police officer's damage;

1. Application of Acts and subordinate statutes to CCTV closure data;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. On the grounds of sentencing chosen to impose a sentence of imprisonment with prison labor, the following circumstances and the Defendant’s age, family environment, motive and circumstances leading up to the crime, the degree of interference with police officers in their official duties while on duty and the circumstances after the crime are committed shall be determined as ordered by the sentence.

The favorable circumstances: The defendant's consent to commit a crime and reflects on the defendant's unfavorable circumstances: The defendant can have violent force; the defendant committed a crime again without being aware of it during the period of suspension of execution and protection observation; the degree of violence committed by the defendant against the police officer is not easy; the police officer, the counterparty to the crime of interference with the execution of official duties, etc. wishes to punish the defendant.