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(영문) 광주지방법원 2017.10.18 2017고단3917
공무집행방해
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 04:15 on August 14, 2017, the Defendant reported that he was used on the street at the entrance side of the entrance of the Massung Group B, which was called out after being reported by 112, and the circumstances leading up to the staff of the Massung Police Station D police box called out, when he intends to cause and put up the Defendant together with Defendant F, he shall be deemed to have the time of the Defendant’s f, and he shall refrain from doing so, and “I Chewing feash h. Neash h. h. h. h. h.

"" and "E face was taken one time as drinking."

Accordingly, the defendant interfered with the execution of duties concerning the 112 reported case handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H, E, and F;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of recommended punishment] 6 months - one year and six months - one year and six months - the basic area (the scope of recommended punishment] - the type 1 (the obstruction of and the coercion of duties in the area of interfering with the performance of public duties)

2. Determination of sentence: The sentence shall be imposed within the scope of the recommended sentence according to the sentencing guidelines, on the grounds that, considering all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, background of the crime and circumstances after the crime, etc., the sentence shall be determined within the scope of the recommended sentence, as stated in the sentencing guidelines, is somewhat harsh to the defendant. Thus, the sentence shall be determined, such as the order, deviating from the lowest limit.

Unfavorable circumstances: The degree of assault is not much severe, the first offender, the confession of the crime, the mistake is divided, the police officer who has committed the assault is taking the seat of the defendant.

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