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(영문) 전주지방법원 남원지원 2018.04.17 2018고단38
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, on March 13, 2018, around 00:27, at the vicinity of the Namwon-si, “hing the drinking person,” and “hing the drinking person.”

“The identity of the Defendant was verified in order to notify the Defendant of the violation of the Punishment of Minor Offenses Act by F and the Victim G (48 tax) who is a police officer belonging to the Seoul Police Station E District of the Republic of Korea, who was called the reporter D(W, 17 years old) upon receipt of the 112 report, and the victim G (48 years old) who was called the Defendant, at one time at the face of the F due to a sudden drinking, and the victim’s f’s f’s f’s face was f’s f’s f’s f’s f’s f’s f’s f’s f’s f’

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported cases, and at the same time, the Defendant placed a warning to the victim G about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. A medical certificate;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to photographs, etc.), investigation report (related to reporting persons' hearing of oral statements by phone);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment prescribed for the crime of causing serious injury shall be imposed);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Although the sentencing criteria do not present a separate processing method in the sentencing criteria with respect to the ordinary concurrent crimes subject to the sentencing criteria, it shall be considered to determine the sentencing period for the defendant's sentencing.

[Determination of Type 1 (Special Sentencings) (Special Sentencings): In the event of failure to punish (including serious efforts to recover damage) or recovery from considerable damage, the factors of aggravation in the event of interference with the performance of official duties (in the case of interference with the area of recommendation and the balance of recommendations), April to June.

3. The Defendant is under the influence of alcohol to commit the instant crime.

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