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(영문) 광주지방법원 순천지원 2016.09.28 2016고단864
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 April 16, 2016, at around 20:15, the Defendant: (a) at the Defendant’s residence located in B apartment site, and (b) on April 16, 2016, the Nonindicted Party D in the position of the Southern Police Station C District Department, which was called after receiving a report on domestic violence case 112, tried to separate the Defendant and his wife from the Defendant and his wife to listen to the statement of damage. “I am the Defendant’s bath to the Defendant F (23 years of age) who was called for the same time with the Defendant’s desire to talk.”

In the blusium, the chest of the F was tightly pushed up two times with the right arms.

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

Summary of Evidence

The application of the police statement report (in the course of handling the case, etc.) to the defendant's legal statement F

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

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

3. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommended punishment] Interference with the performance of official duties of Type 1 (Obstruction of Performance of Official Duties and Compellion of Duties) (6 months to 1 year and 4 months) / [decision of sentence] Defendant’s act of violence against a woman living in de facto marital relationship, obstructing the police officer’s performance of official duties called out after receiving 112 reports, and the circumstances leading up to the crime are not good.

However, the punishment shall be determined in consideration of the defendant's age, sexual conduct, environment, circumstances before and after the crime, the previous criminal punishment records of the defendant, etc. in consideration of the defendant's age, sexual conduct, circumstances before and after the crime, etc.

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