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(영문) 광주지방법원 장흥지원 2018.05.31 2018고단41
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 February 12, 2018, the Defendant, at C’s station located in Jinjin-gun B, Namjin-gun on February 212, 2018, received a report from E in the process of having been dispatched to the site after receiving a report of 112 while avoiding disturbance, such as taking a bath to his employees, etc., and received the check from such E during the process of having been dispatched to the site, the Defendant “(s)” to the above E: (a) son of a bitch bitch bitch bitch bitch bitch bitch bitch bitch son, son

In doing so, it was assaulted by the above E, who is not the police, such as flaging him at one time by hand, flaging his spath, and flabing him.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, etc. of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to F, G, and E;

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. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

favorable sentencing elements: The defendant acknowledges his mistake and reflects his mistake, the fact that the defendant agreed with the victimized police officer, and the defendant's intention to improve his alcohol after receiving the treatment of proof of alcohol.

(k) Unfavorable sentencing factors: The acts of obstructing legitimate performance of official duties by exercising violence are highly required to be punished, crimes are bad in light of the attitude of abusiveism and assault, and crimes are committed once before the same kind of crime.

(1) The sentencing guidelines [the scope of recommended punishment] Class 1 (Interference with the performance of official duties and coercion of duties) area (one month to eight months) is not subject to punishment.

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