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(영문) 광주지방법원 2018.05.17 2018고단784
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 February 26, 2018, the Defendant filed a 112 report that “I wish to consult about the withdrawal of departure” in the south-gu, Gwangju, Nam-gu, Gwangju, and then received an inquiry about the details, etc. of 112 report from D through the circumstances belonging to the Seoul Southern Police Station C unit of the Seoul Southern Police Station, which called for, I would like to take a bath to D under the influence of alcohol and “I would not know.”

The date he did so shall be designated as the full number of days.

Doz. Doz.

whether it is within;

The term "swinbucks." The act of preventing the passage of other automobiles passing through this place was committed by assaulting D's upper right surface to prevent the passage of automobiles, thereby obstructing the police officer's legitimate execution of duties concerning the handling of reports by the 112 police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the 112 reported case processing list, copy of work log;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking account of the fact that there is a significant degree of interference with the duties of the reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 and Article 2-3 subparag. 2 of the Medical Care and Custody Act, and the record of punishment several times due to violence or obstruction in the performance of official duties, etc., the liability for the crime is not easy, however, considering the fact that the confession of the crime is against mistake, and there is no criminal record of imprisonment for the last 20 years or more, the execution of the punishment shall be suspended. However, considering the criminal history, criminal history, diagnosis details, etc. of the defendant, the execution of the punishment shall be suspended, taking into account the fact that the defendant's crime was committed, and considering the necessity of treatment and the risk of recidivism is recognized, it is ordered that the defendant be subject to treatment related to alcohol dependence together with the observation for protection and surveillance.

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