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(영문) 광주지방법원 2016.05.19 2016고단420
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant was sentenced to imprisonment with prison labor for five months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on the Aggravated Punishment, etc. of Specific Crimes, and the sentence becomes final and conclusive on November 5, 2015, and is currently under the suspension of execution.

On February 11, 2016, the Defendant sent 112 reports from “C main points” located in Seo-gu, Seo-gu, Gwangju, Seo-gu, the police officer, and two police officers, such as slope E belonging to the D District Unit of the Police Station in Seo-gu, Seo-gu, Gwangju, who called the police officer, in turn, sent back to the room outside of the room. On the ground that two police officers, such as the defendant and the defendant sent the room by blocking the entrance, bringing a bath, and assaulting the Dong by using one hand on the left hand, thereby hindering the police officer’s legitimate execution of duties concerning the report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Statement protocol to E by the police;

1. AF statement, a copy of a work site, a witness's statement and investigation report on video image, and a trace of violence;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. The reason for sentencing of Article 136(1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommendations] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one-month suspension of performance of official duties and coercion of official duties) [the person subject to special mitigation] [the decision of sentencing] where the defendant recognizes the crime of this case, and is deeply divided.

The defendant was under the influence of alcohol, resulting in a contingency, and the degree of the assault is not hot.

However, as stated in the facts of the crime, the Defendant again committed the instant crime within the short time after the judgment of probation became final and conclusive, and thus, the corresponding punishment is needed.

In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances surrounding the instant case, including the circumstances leading to the crime, the circumstances after the crime, and the equality of similar cases.

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