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(영문) 전주지방법원 2017.12.08 2017고단1691
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 July 21, 2017, the Defendant filed several reports from around 23:2, 2017 to 112 reports on the following matters: (a) from around 23:22, the following: (b) on the later side of the Hansung apartment, which is located in 33-gil, Gosi-gu, Jeonju-si.

On July 22, 2017, the Defendant sent to the scene after receiving the above report on July 22, 2017 at around 00:19, D and E to the police officer assigned to the police box C of the Jeonsan Police Station C and E.

C. A bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bit, and around 01:45 on the same day, D wn the fingerle and sign stored at the separate collection site of the apartment waste of the above apartment complex, wn up part of the road, and wn up the road, and wn up the road, wnd D wn up by causing the Defendant for the operation of the vehicle and the safety of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of reports on internal investigation and the handling of reported cases;

1. An investigation report (Attachment to a CD of the video and a photograph of the video screen immediately before the police officer's assault);

1. Application of each statute on photographs;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The basic area (referring to six months to one year and six months) of the sentencing criteria shall interfere with the execution of public duties;

2. Crimes that interfere with the performance of official duties are not good due to unfavorable circumstances to the determination of sentence, which interfere with the exercise of legitimate public authority.

A favorable reason is that the defendant has no past record of criminal punishment exceeding a fine.

The above circumstances and the Defendant’s age, sex, environment, etc.

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