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(영문) 광주지방법원 2017.05.11 2017고단920
공무집행방해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2017, at around 04:00, the Defendant received a report from Defendant 112 on the content that he/she had an employee and a Si reserve at the convenience store located in Gwangju Dong-gu, Gwangju, and did not comply with the request from Defendant D for the preparation of a victim’s statement, and on the ground that he/she left the floor of the booming tobacco while taking a bath, the Defendant was required to give tobacco to the said D and throw away it into the floor.

Accordingly, the Defendant spits tobacco into the above D while taking a bath, spits the tobacco in the entry into D, and led the back of the above D, which was intended to be arrested in the act of committing an offense.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of police officers to report crimes and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes on police statements made to D;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment ] There is no person who has a basic area (from June to June 1) (the person who is subject to special sentencing) / [the sentence] / The sentence is determined as ordered in consideration of the following circumstances and the defendant's age, sex, conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the argument of this case.

Unfavorable circumstances: Details of the crime and the circumstances after the crime are poor.

The crime has been committed while being tried due to the violation of the Road Traffic Act (drinking).

The favorable circumstances: The error is divided in depth.

It is a crime committed by a person who suffers from depression after divorce with his or her wife and is under the influence of alcohol while he or she is dependent on alcohol.

It is the position to support the two children.

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