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(영문) 광주지방법원 장흥지원 2018.01.25 2017고단208
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

On July 24, 2017, around 00:01, the Defendant was asked of D amusement points located in Jinjin-gun C, Namjin-gun, Namjin-gun on July 24, 201, by the Defendant, about the background of the report from the Defendant, who was sent to the police station Ear, and was asked by the Defendant for a 112-breadth report, and was under the influence of alcohol.

C. We expressed the desire as “Sule gumom,” and continued to do so by hand, and assaulted at one time at the right buck.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting management duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G [a] witness F and G (the Defendant’s hand is less than the police officer F, but the Defendant does not have blicks and booms with bucks, but it is sufficient to find the Defendant guilty of the crime according to the above evidence]

Application of Statutes

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. The fact that the period of obstructing the performance of official duties for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not limited, the degree of assault is not relatively excessive, and the act of obstructing the legitimate performance of official duties by the exercise of violence is highly necessary, and the defendant's age, sexual behavior, environment, background of the crime, circumstances before and after the crime, etc., and all the conditions of sentencing as shown in the arguments, shall be determined as per the disposition.

Reference Criteria [Scope of Recommendation] Basic Field 1 (Obstruction of Performance of Official Duties / Forced / From June to June)

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