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(영문) 수원지방법원 성남지원 2016.06.16 2016고단387
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant around 00:17 on January 16, 2016, within the "D hospital emergency room" located in Gwangju-si, Gwangju-si.

“A” means a police officer of the Gwangju Police Station E District E District, who was dispatched to the site after receiving a report 112, from G, “I wish to complete medical treatment” from the police officer of the Gwangju Police Station E District G.

Helping to return home.

“Along on about 30 minutes of the emergency room, she spawddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

Accordingly, the defendant interfered with the police officer's legitimate performance of official duties on 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Each report on investigation;

1. On-site photographs, etc. and photographs of I offices;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 136 (1) of the Criminal Act for the choice of criminal facts;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basis of the type 1 (Interference with and Forced Performance of Official Duties) (six months to one year and four months) (Special Aggravation/Reduction).

3. Following the decision of sentence, the sentence was determined in full view of the sentencing conditions shown in the trial process of the instant case, including the Defendant’s age, sex, family relation, family environment, motive and means of committing the crime, and circumstances after committing the crime, as ordered by the court below.

Unfavorable circumstances: The fact that there is a record of being sentenced to the suspension of execution for the same kind of crime, the fact that the nature of the crime is not weak, such as continuously avoiding disturbance even after the arrest, and the circumstances favorable to the fact that there was no continuous absence in the trial process: it is against the point that

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