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(영문) 광주지방법원 목포지원 2015.03.12 2015고단34
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 21, 2014, at around 03:20, the Defendant: (a) reported 112 that franks, such as the shouldering of a sentry, at the “Ccafeteria” located in B, and demanded the police officers belonging to the Mana Police Station, E, and F, who called the Defendant to return home with personal information on the Defendant; (b) stated that the Defendant “this farb son, i.e., farb son, farb son,” and pushed the Defendant’s hand and f’s chest part with the shoulder.

Accordingly, upon the removal of E, the Defendant “p.p.,” to the Defendant:

E and F assaulted the Defendant’s hand floor with a single-use camera, which was in possession of the Defendant’s chest part twice in a single-use log with the Defendant’s hand, on the floor.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. It is difficult to apply the sentencing criteria as it is a superior concurrent crime for sentencing of Article 62-2 of the Social Service Order Criminal Act.

The sentence against the defendant shall be determined as the order in consideration of the fact that the defendant has recognized his mistake and reflects, appears to be a contingent crime, there is no record of criminal punishment exceeding the fine, the age, character and conduct, family relationship, etc. of the defendant, and the execution thereof shall be suspended.

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