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(영문) 전주지방법원 2016.08.19 2016고단798
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2016, the Defendant reported domestic violence 112 at the Defendant’s office located in B apartment No. 103 Dong 303, 2016, at around 23:00, to the assistant D with a police box affiliated with the previous police box of Taedjin-jin, Police Station C, who called out after receiving the report.

Does they enter the house in which they are held;

C. Before the death of the deceased, Dr. C. H. Z. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W.

“Alongly sound and the left-hand part of D’s entry in this part was received once.

Accordingly, the defendant, who is a police officer, interfered with the legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The basic area (referring to six months to one year and four months) of the sentencing criteria shall interfere with the examination of the sentencing criteria (the scope of recommended punishment) and the execution of official duties;

2. Because of unfavorable circumstances such as the determination of sentence, obstruction of the performance of official duties is not good in that it interferes with the exercise of governmental authority, and the defendant has a record of being punished by a fine for the same kind of crime.

The favorable circumstances include the fact that the defendant recognized the crime of this case and reflects it, that the defendant deposited 3 million won for the recovery of damage, and that the defendant has no record of punishment exceeding the fine.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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