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(영문) 광주지방법원 2017.02.15 2016고단5760
공무집행방해
Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

On November 7, 2016, at around 03:05, the Defendant refused to return home while drinking alcohol at C’s house located in Gwangju Mine-gu 103 Dong 917 around November 7, 2016, and C does not go out of the house even though he gets off the house.

“A request to return home” was made to report 112, and the circumstances E belonging to the Gwangju Mine Police Station D District of the Gwangju Mine Police Station who called upon upon the above report were requested to return home, and “Is U. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

The police officer interfered with legitimate execution of duties concerning the handling of reported cases, etc. by assaulting the E’s chest with blue blue with the blue of blue and blue with the flue, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 A list of reported cases;

1. Application of statutes on field photographs;

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

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. The scope of recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of recommended punishment] 6 months - one year and six months - one year and six months - the basic area (the scope of recommended punishment] - the type 1 (the obstruction of and the coercion of duties in the area of interfering with the performance of public duties)

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered, taking into consideration the following circumstances.

Circumstances unfavorable: A normal situation that the case of assaulting a police officer who is duly performing his/her duties is not easy: The defendant's mental illness appears to have been caused by one of the crimes in this case; there is no record of punishment for the same crime; the confession of the crime; the mistake is divided and the recidivism is not possible.

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