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(영문) 광주지방법원 2020.08.13 2020고단2432
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 April 30, 2020, the Defendant: (a) reported on April 18:53, 2020 that the Defendant 112 reported that he was frighting at a telecom, and sent to the site, and (b) was accompanied by the B district located in C and Gwangju Northern-gu, by saying, “I wish to go to the district and go to house.”

On the same day, at around 19:25, the Defendant: (a) received a mobile phone from the Defendant to return home to the Defendant; and (b) attempted to contact the Defendant’s branch with the Defendant using a mobile phone; and (c) assaulted the Defendant, by drinking, such as making one time a part of the left part of the said C, on a drinking ground.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] there is no person subject to the coercion of official duties] (the scope of recommendations and recommendations] basic area, six months to one year and six months.

3. The Defendant, who was sentenced to sentence, assaulted the police officer in uniform and interfered with the legitimate performance of official duties, and the liability for the offense, such as avoiding disturbance in the course of investigation in relation to the criminal investigation, is weak, but is not weak.

However, in comprehensive consideration of the following factors: (a) the defendant recognized the crime of this case and is against the defendant; (b) C, a police officer, does not want the punishment of the defendant; (c) the defendant has no record of being punished for the same kind of crime; and (d) the defendant's age, character and conduct, environment, and circumstances after the crime, various sentencing conditions specified in the arguments

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