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(영문) 광주지방법원 2016.09.09 2016고단2240
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on May 14, 2016, at around 19:12, the Nam-gu Seoul metropolitan apartment guard room, after receiving a report from 112 that a drunk person would enjoy, will care for gathering from E in the circumstances surrounding the position of the Seoul Southern Police Station D District Unit in the Seoul Southern Police Station, and would hear the remarks of the patrol vehicle “??”

“At the time of drinking, the parts of the said E are cut back by drinking, and the necked with the left hand and drinking.”

As a result, the Defendant assaulted the police officer who performs legitimate duties on the handling of 112 reported cases, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in the police statement protocol against E;

1. Each description of the F and G;

1. Application of each video statute to police officers' photographs and violence photographs;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant uses the police officer called out after receiving 112 report without any reason, and thus, the criminal liability is not weak.

After committing the crime, the attitude is bad.

There are criminal records of injury to the defendant.

However, the defendant agreed with the damaged police officer.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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