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(영문) 광주지방법원 순천지원 2019.02.28 2018고단2430

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

around 01:15 on October 20, 2018, the Defendant stated that “Cjun” located in Mineyang-si B, and “the drinking value time limit” was 112, and that “the police officers E and F, who belong to the Mine Police Station D District assigned to the site after receiving 112 reports, sent to the site of the instant case, “Wing away from one’s side until a acting driver begins.” However, the Defendant: (a) obstructed the sending of the report by expecting a patrol to stop the sending of the report on the ground that the said F refuses to take place any other report; (b) the said F, “F,” and said F, who met, expressed his desire to read “Iing fing, finging off, finging off, fing off, fing off, finging off, fing off, etc.,” and said F, “Iing the said chest,” and having the said F, “Iing the said f’s chest.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (in relation to field situations, etc.), investigation reports (in relation to cell phone images on which a suspect is involved) and cell phone images;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act that are disadvantageous to the reasons for suspended execution: The crimes are inferior to the nature of such crimes as taking a bath to police officers in the performance of official duties and exercising violence;

(k) A favorable normal situation: A confession, reflect, and the police officer who has suffered serious injury in the course of obstruction of performance of official duties;

(k) There is no serious criminal history exceeding fines imposed on the accused;

The defendant's family relation, age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, and other factors such as sentencing under each subparagraph of Article 51 of the Criminal Act.