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(영문) 광주지방법원 2016.10.26 2016고단3923
공무집행방해
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 14, 2016, at around 08:05, the Defendant: (a) expressed a desire to “C” located in Seo-gu, Seo-gu, Gwangju; (b) on the ground that the police slope E, the police officer slope E, and the police officer F, who belongs to the D District called “nicking home” and carried out his/her string, on the ground that he/she was sent to the Defendant after receiving a report, he/she assaulted the Defendant once again by generating slope E’s chest and knife; and (c) on the ground that the police officer does not need to do so.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to investigation reports (fields and photographs of the body of victims);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 (1) of the Criminal Act of community service and lecture attendance order;

1. The scope of recommendations on the sentencing criteria [decision of the types of recommendations] the scope of the obstruction of performance of official duties (decision of the scope of recommendations] the basic area [decision of the scope of recommendations] 6 months to 1 year and 4 months; and

2. Determination of sentence: Determination of sentence of imprisonment with prison labor for not less than ten months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, circumstances surrounding the crime and circumstances after the crime, shall be determined as ordered.

D. Unfavorable circumstances: The police officer, upon receiving a report, assaulted the police officer to cause interference with legitimate performance of duties and brought about the waste of police force that should be used to prevent, suppress, etc. a crime; the police officer's chest, knife, and wing part was actually assessed; the police officer's chest, knife, and wing part was considered to have been inflicted on the upper part; the police officer was the first offender; and the police officer who was assaulted wanted to have the front part of the defendant.

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