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(영문) 광주지방법원 2018.03.08 2017고단5441
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 27, 2017, at around 21:46, the Defendant expressed that “C” main points in Gwangju Northern-gu, 112, the Defendant was a police officer, who was called to the site upon receiving a report, and called “A,” who was a police officer belonging to the Seoul Northern Police Station D District Unit in the Police Station of the Gwangju Northern Police Station, “A son, son, son, son, son, son, son, son, son,” and assaulted the victim’s body by drinking and walking on one occasion, thereby interfering with the police officer’s 112 report and lawful performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to listen to oral statements by shots), investigation report (to listen to statements by shots);

1. Application of Acts and subordinate statutes to the copy of the 112 Reporting Case Handling List;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no person who has no basic area (6 months to one year and six months) [Special Sentencing] [Determination of sentence] The degree of interference with the performance of official duties is not easy and there is a past record of multiple punishment due to violent crimes, etc., considering unfavorable circumstances. However, the defendant's late and late mistake is against the defendant, and the execution of the sentence is suspended as ordered in consideration of favorable circumstances, such as the fact that there is no criminal record for the same kind of crime, etc., and the community service order is ordered.

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