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(영문) 광주지방법원 2020.09.10 2020고단3640
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2020, at around 21:15, the Defendant reported 112 to the effect that the Defendant would have fighting in front of the Nam-gu Namdong, Nam-gu, Gwangju, and requested a police officer belonging to the Seoul Southern Police Station Cdistrict group of the Seoul Southern Police Station, who was called, to confirm the identity from D, and the Defendant expressed the above D with a large voice that “I died of the civilian who would be able to sprinke. sprinker,” and assaulted the said D at one time on the floor of the hand-to-face her left buck.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Act and subordinate statutes to a criminal report (for example, CD attachment);

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. An unfavorable circumstance, such as assaulting of a police officer dispatched to a defendant for reasons of sentencing under Article 62-2 of the Criminal Act due to the defendant's assault, etc., that is disadvantageous to the defendant, such as the crime committed, the confession of the defendant and the fact that the defendant reflects his wrongness, and that the defendant does not have the same criminal record, etc. In addition, the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime, etc., shall be determined

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