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(영문) 광주지방법원 2018.03.08 2017고단5643

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2017, the Defendant: (a) around 22:10 on November 14, 2017, on the ground that the emergency room for the Joseon University Hospital located in 365, in Gwangju-gu, did not provide treatment, the Defendant, upon receiving a report of interference with duties and sent to the former husband, and confirmed personal information, distributed water contained in PP in PPP in PPD belonging to the Gwangju East Police Station C District of the Gwangju Dong Police Station, which confirmed that the Defendant

As a result, the defendant committed violence against the police officer who performs legitimate public duties on criminal investigation and maintenance of order, thereby hindering the execution of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties and Compelling of Duties) / [Special Mitigation / [Determination of Sentence / Special Mitigation / Special Mitigation ] / According to the field photograph of the crime and the statement of the police officer at the time of the crime, according to the police officer's statement at the time of the crime, the crime is not less severe because the contents of the crime are not defective, but the degree of violence is not serious, the police officer who agreed with the defendant does not want to be punished, the defendant does not want to have a criminal record exceeding the fine, the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of this case shall be determined as ordered in the Disposition.