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(영문) 광주지방법원 해남지원 2016.06.16 2016고단173

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On May 14, 2016, the Defendant violated his residence: (a) in the “Dusb” located in Jindo-gun C around 18:00 on May 14, 2016, the victim E without any reason.

Cp. Drawer’s desire for the test

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However, the death shall be discarded.

“The victim took a bath and intrudes upon the victim’s residence.”

2. 공무집행 방해 피고인은 같은 날 18:20 경 E의 집 마당에서 위와 같은 경위로 112 신고를 받고 출동한 전 남진도 경찰서 G 파출소 소속 경찰관 H(44 세 )으로부터 귀가할 것을 권유 받자, 갑자기 위 H의 오른쪽 팔을 2회 비틀고 멱살을 2회 잡아 흔들고, 그 곳 바닥에 있던 돌을 집어 들어 위 H을 때리려 다가 그로부터 제지 당하자 위 H의 오른쪽 다리를 3회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reporting duties by the above H 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. All on-site photographs;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria [the scope of the recommended punishment] The scope of the sentencing criteria shall be limited to the lower limit of the above recommended punishment, on the ground that the sentencing criteria was not set for the crime of intrusion upon residence in the mitigated area (one month to eight months) (a person who interferes with the performance of official duties and coercion of duties) (a person who has been specially mitigated).

2. The decision of sentencing intrudes on the house of another person and carries out official duties at the end of the minor vision by the defendant.