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(영문) 광주지방법원 2017.09.20 2017고단3452
공무집행방해
Text

The punishment of the accused shall be determined by eight 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 August 7, 2017, at around 02:10 on August 7, 2017, the Defendant reported domestic violence in the vicinity of the Donggdong University located in 700-23, Chungcheongnam-dong, Gwangju, and received a report, and tried to confirm the situation of the instant case, the Defendant’s defect “the police kids.”

”라고 말하며 주먹으로 위 C의 얼굴을 1회 때리고 발로 정강이 부위를 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A copy of the work log;

1. Application of Acts and subordinate statutes to photographs damaged;

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 of the community service order;

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.

Unfavorable circumstances: The face of the police officer called upon upon the report of domestic violence is heavier than that of a crime that interferes with legitimate execution of duties.

The favorable circumstances: there is no record of punishment for the same kind of crime or violent crime (the record of punishment for a fine due to a violation of the Food Sanitation Act is that the punishment for a violation of the Food Sanitation Act is abundant). It appears that an contingent crime is committed by taking advantage of it, and it is not an intentional and planned crime.

The crime was led to confession.

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