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(영문) 광주지방법원 순천지원 2017.10.27 2017고단1073
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant reported 112 to the effect that he/she would die of a female, while disputing with C, the head of the Dong-dong community center in front of the Dong-dong community center, which is located in 19:00, around May 24, 2017, and that he/she would die of a female. The guard E, who belongs to the police box affiliated with the women police box called up upon receipt of the report, shall receive the said report from C.

“The question was made to the above E, and assaulted by batling bats with bathers.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to E and C;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. In light of the favorable circumstances, such as the fact that the defendant’s reasons for sentencing under Article 62-2(1) of the Social Service Order Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc., the defendant’s mistake, etc., the records of violence can be used against the defendant, the circumstances that the police officer subject to the crime of obstructing the performance of official duties wishes to punish the defendant, etc. are disadvantageous, such as the defendant’s previous offense, age, family environment, degree of assault, degree of violence, the degree of interference with the police officer’s official duties in the course of execution, circumstances after the crime, etc

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