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(영문) 광주지방법원 2017.01.18 2016고단3655

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. On July 23, 2016, the Defendant interfered with the duties of the pertinent hospital’s emergency room by force, i.e., around 21:50, at the D Emergency Hospital in Gwangju-dong-gu, Gwangju-gu, taking care of about about 20 minutes in large sounds, and creating unstable for patients and their guardians.

2. Around 22:03 on the same day, the Defendant interfered with the performance of official duties by a police officer in relation to the handling of reported cases and the maintenance of public order and security in order to ask questions from F of the security guards belonging to the police box in Gwangju Dong Police Station E box in Gwangju Dong-dong, who was called “n't come to go to go to go to go to go to go to go to go to go to the police.” The Defendant interfered with the legitimate performance of official duties by a police officer in relation to the handling of reported cases and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Each investigation report (to attach CCTV images, such as site conditions, etc.);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two crimes (Obstruction of Duties) subject to the sentencing guidelines: The scope of the final sentence due to multiple crimes [no person subject to special sentencing] subject to multiple crimes, for which the basic area of the first type (Interference with Duties) (six months to one year and six months) is in force, and there is no person subject to special sentencing] [the scope of the recommended punishment] subject to the second type (Interference with Performance of Duties) of the basic area (Interference with Performance of Duties) of the first type (six months to one year and four months) (no person subject to special sentencing] subject to multiple crimes: six months to two months;

2. According to the rulings of sentence, the sentencing conditions set forth in the arguments of this case, such as the following circumstances and the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be taken into consideration. The sentence shall be set as ordered.

Unfavorable circumstances: