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(영문) 광주지방법원 2020.01.31 2019고단5150
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 September 18, 2019, at around 03:35, the Defendant: (a) 03:35, around Seo-gu, Seo-gu, Seo-gu, Gwangju (Seoul); (b) while drinking with D and alcohol residing as stated in the above subparagraph C, the Defendant driven away as a corridor and pushed away with a hallway, broken down a shoulderer or a fright door, and boomed with a hallway; (c) upon receipt of a report on 112 that a certain person desires to take a bath, the Defendant was in place a slopeF belonging to the Seo-gu, Seo-gu, Police Station E District of Gwangju and Police Station, which called “this franch .......”; and (d) said, the Defendant dumped the bomb and flap of the G’s bomb.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Investigation report (related photographs of the scene of the crime);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was dispatched to the military after being reported 112 and used violence against the police officers in lawful performance of their duties, and that the defendant has past records of fines several times for violent crimes, etc. are disadvantageous to the defendant.

However, considering the favorable circumstances, such as the fact that the defendant repents and reflects the defendant's mistake, the fact that the police officers appeal against the victim police officers, the degree of violence, the fact that there is no criminal record exceeding the fine, and the fact that there is no criminal record exceeding the fine, etc., the punishment shall be determined as ordered by taking into account the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, such as the records

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