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(영문) 광주지방법원 2016.11.17 2016고단3856
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 27, 2016, at around 05:13, the Defendant reported the “Dju” front of the “Dju” route in Jeonnam State C, to the effect that E, which does not have a good reputation, is “I are seated on a vehicle to drink.”

While G and slope H confirmed the circumstances against the above E and the Defendant, the Defendant expressed a bath to the effect that “I am, Chewing, I am, I am,” and the above police officers prevented the Defendant.”

The Defendant expressed his face to the face of police officer G, and expressed bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.” The Defendant expressed the chest of the above G at one time as head, and her chest and shouldered twice with the bad hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the police officer's 112 reporting and withdrawal.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The scope of punishment for obstruction of performance of official duties (one-month or eight months) [Special Mitigation] and the scope of punishment not to be imposed (one-month or eight months), / the case where serious injuries have occurred] / although the defendant was sentenced to a fine for the same kind of punishment for the defendant, the above police officer does not want the punishment of the defendant by mutual consent with the victimized police officer. The above police officer does not want the punishment of the defendant, taking into account all other circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence is determined as ordered.

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