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(영문) 광주지방법원 2016.09.21 2016고단3163
공무집행방해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2016, at around 16:15, the Defendant: (a) expressed that “the police officer, who belongs to the police box of the Seo-gu Police Station D police station in Gwangju, dispatched after receiving 112 a report, she would collapse before the parking lot in front of the Seo-gu Seo-gu building, Seo-gu, Gwangju; and (b) expressed that “the police officer, who was in charge of the police box of the Seo-gu Police Station D police station in Gwangju, called, “the police officer, who was in charge of the police box,” she sawed her flick, shooted her flick, cut her upper blick, cut her upper blick, and obstructed the police officer’s legitimate performance of duties concerning the handling of the report case.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to a copy of a field photograph, photograph of each damaged part of a police box, and a copy of a police box;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. The scope of applicable sentences by law: Imprisonment for not more than five years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of official duties and the coercion of official duties) shall be limited to the category 1 (the prevention of interference with the performance of official duties).

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

Defendant is led to confession, and is against himself.

On the other hand, on March 2016, the defendant has a record of criminal punishment of a fine of one million won for a special intimidation.

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