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(영문) 전주지방법원 남원지원 2018.06.19 2018고단65
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 April 6, 2018, the Defendant: (a) received a 112 report from the Namwon-si “D” restaurant located in C on April 6, 2018; and (b) received a report from the principal offender, and received the report, and sought to present an identification card to the Defendant after arrival at the site by the North Korean Police Station E District GuardF of the Seoul Police Station, which called the Defendant; (c) but (d) refused identification disclosure and under the influence of alcohol, the Defendant was under the influence of alcohol.

The branck defect, i.e., e., bal.

“Chicker,” and “picker G belonging to the above earthal zone, which was called up with a plucker, with the right hand hand hand hand of the F, was set up, and called up upon the request for support, was removed from the Defendant, and was used for returning home,” and “picker is designated for the rank.

No gradient;

" .................... Dok-kick-keep of the above G. G's shoulder.

Accordingly, the defendant has prevented the police officer from performing his/her duties on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. A photo of the damaged part;

1. 112 Application of Acts and subordinate statutes notifying departments related to reporting;

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

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a person who has committed a crime with heavier punishment than that of a crime)

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Reduction element of sentencing criteria (a type of determination) [a person who interferes with the performance of official duties] Class 1 (a person who interferes with the performance of official duties and coercion of duties): Where the degree of violence, intimidation, deceptive scheme, or interference with official duties is insignificant, an aggravated element: Where there are many damaged public officials (a type), the basic area of the sentencing criteria [a field of recommendation and a balance of recommendations], six months to one year and six months;

3. The crime of this case by the sentence of sentence is committed against two police officers who are performing lawful official duties without any special reason.

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