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(영문) 광주지방법원 해남지원 2018.06.07 2017고단485
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 December 7, 2017, around 19:48, the Defendant: (a) stated that the Defendant was urged to return home from Datdo, 112, in front of Datdo, the 112 reported and sent back to Fatdo Police Station E District Racing Station Ethmp, F at the police station, that “Chewing sprinks, fats, fats,” and sprinked the fat of Fatdo by her hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Night work log and report processing logs;

1. Application of the video-related Acts and subordinate statutes hindering the performance of official duties;

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 Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, has been punished for violent crimes, such as interference with the performance of official duties, and again committed the instant crime.

The Defendant, without any reason, exercised violence against police officers who perform their legitimate duties under the influence of alcohol, and resulting in such violence, the level of mental shock that police officers received and interference with the execution of official duties is not easy.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The degree of violence exercised by the defendant is not very serious.

There is no record of punishment exceeding a fine for the same crime.

In addition, the sentencing grounds specified in the instant trial proceedings, such as the defendant's age, circumstances of the crime, and circumstances after the crime, shall be determined as per the order.

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