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(영문) 광주지방법원 2017.04.27 2016고단4476
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 11, 2016, at around 22:20 on July 22:2, 2016, the Defendant used violence, such as cutting and scambling, etc., of DNA in a de facto marital relationship with the Defendant’s mother on the 8th floor of Gwangju Northern-gu, Gwangju, by receiving a report from 112, and controlled F of the circumstances belonging to the Seoul Northern Police Station E District, called “I will not be called out of the police station, and you will not turn out,” and F.

The term “FF Hashee, Mashee, Mashee, Mashee,” and franshed or pushed the FF’s breath, and the F notified the Defendant of the f of the doctrine, and subsequently, the F committed assault by means of walking F as a defective dricking to arrest as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes governing the disposition of reported E District 112;

1. The grounds for sentencing (the scope of recommending punishment) of Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] [the grounds for sentencing] of Article 136(1) of the Criminal Act, where the degree of assault, intimidation, and deceptive scheme is minor, the fact that the defendant has no record of punishment heavier than that of probation shall be considered as favorable circumstances.

However, on May 12, 2016, the Defendant appealed from the Gwangju District Court to a fine of five million won for the crime of injury, and again committed the instant crime without being able to do so during the appellate trial, and the nature of the offense is bad.

In addition, the defendant's age, sex, environment, motive and background leading up to the defendant to commit the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other factors of sentencing as stipulated in Article 51 of the Criminal Act were considered.

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