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(영문) 광주지방법원 순천지원 2012.11.16 2012고단2080
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2012, at around 02:55, the Defendant: (a) was aware of the fact that his spouse left the Diplomatic Association in front of the Diplomatic Association in Macheon-si, and was hiding to the above church; and (b) was subject to the control from the slope victim F (the age of 40) of the E box sent out after receiving the report 112, the Defendant expressed that “I promptly few the same pit, Chewing few, she is a police officer, she?” while taking care of the victim’s feat, feat the victim’s feat, feat, and feat the victim’s feat, and feat the victim’s feat, so that the victim’s feat could not know of the treatment period.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the dispatch of 112 report and inflicted an injury on the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Photographs and on-site photographs of the damaged police officer;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Article 62 (1) of the Criminal Act (The conditions favorable to the defendant described in the following reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Determination of Punishment] violent crimes. Class 1 (General Bodily Injury): In general injury: In the case of the reduction element: Minor injury - In the case of obstruction of performance of official duties [Determination of the recommended sphere] basic area / [Determination of the recommended sphere] / [Adjustment before adjustment according to the applicable sentences under the law] from April to one year and six (Adjustment according to the applicable sentences under the law] - In the case of the reduction element : In the case of the serious reflect [whether or not the suspension of execution of official duties is suspended] - In the case of the main reason for the obstruction of performance of official duties: In the case of a negative injury - the reason for the suspension of official duties: A minor injury - the reason for the suspension of official duties not less than two times, but not less

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