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(영문) 광주지방법원 순천지원 2018.06.27 2017고단2372
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

The Defendant stated in the indictment on July 21, 2016 as “No. 12, 2016.” However, ex officio, according to evidence (see, e.g., the 70 pages of investigation records and the 89 pages) and recognized as criminal facts.

On October 28, 2016, the Cheongju District Court was sentenced to three months of imprisonment for the crime of bodily injury, and the detention house was completely executed.

On August 10, 2017, at around 03:00, the Defendant was asked to return home from F, a police officer belonging to the Cheongju Petition Police Station, called the Defendant, after receiving 112 report among the disputes arising from the movement of E and vehicles, who were an employee, in front of D in the Cheongju-si Office C on August 10, 2017, on the ground that he was asked to return home from F, a police officer belonging to the Cheongju Petition Police Station called up.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reports.

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. CCTV closure photographs, etc.;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, copy of the judgment, and one copy of the confinement status of each individual;

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

1. Based on the reasons for sentencing Article 35 of the Criminal Act, the punishment is determined as ordered in light of the circumstances, including the defendant’s previous conviction, age, sex, home environment, motive and circumstance of the crime, degree of violence, degree of interference with official duties performed by police officers, and circumstances after the crime, etc.

The favorable circumstances: The defendant reflects the wrong, the defendant deposited one million won for the police officer who is the counter-party to the crime, etc.; disadvantageous circumstances such as the fact that there are many records of violence against the defendant; the defendant again committed the crime of this case without being aware of the fact that the defendant is under repeated crime; and the police officer who is the counter-party to the crime wishes to punish the defendant.

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