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(영문) 광주지방법원 2016.05.11 2016고단732
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

around 00:45 on January 21, 2016, the Defendant received a report from “C main points” located in Seo-gu Gwangju, Seo-gu, Gwangju, and received the notification that the Defendant abused D, etc., and requested confirmation of personal information from the background F and G belonging to the Seo-gu, Seo-gu, Seo-gu, Seoul, Police Station E District, which called for, “whether this disease will be designated;

C. The desire to be called the “fule”, the frush was fluent, and the G prevented the Defendant, and the head was fluored by assaulting the fluor of G’s head at one time and the fluor by hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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. Reasons for the sentencing of Article 62-2 (1) of the Criminal Act to provide community service or attend lectures;

1. Scope of a recommended sentence on the sentencing guidelines: From six months to one year and four months (the type of determination) of imprisonment, interference with the execution of public duties, and the basic area of the recommendation [the scope of the recommended area];

2. Determination of sentence: Imprisonment with prison labor for the following eight months (two years of suspended sentence), and all the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the commission of the crime, shall be determined as ordered, taking into consideration such factors as the defendant's age, sex, and environment.

Unfavorable circumstances: The inside part of the police officer dispatched to the scene after receiving a report on the defendant's assault by the defendant's person is not easy for the case.

The defendant has many records of punishment for violent crimes.

A favorable circumstance: The fact that the police officer who was assaulted does not have an injury, there is no record of punishment exceeding a fine, and the fact that the mistake is divided.

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