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(영문) 광주지방법원 장흥지원 2016.08.25 2016고단127
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 23, 2016, the Defendant: (a) expressed that “D” in front of “D” located in Jinjin-gun C on the street around D” on July 23, 2016, “D,” 112, the Defendant was able to display the police officers on a several occasions, and continued to blick the body part of the F in front of the said poppy, which is a dangerous object at the time when she took a bath to “I shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot off”; and (b) brought the Defendant’s poppy (81cc in length, 2m in thickness, 3.5cm in width, 2cm in width, 3.2cm in length).

As a result, the Defendant interfered with legitimate execution of duties of police officials concerning 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A report on investigation (or photographing a victim, etc.) and a report on investigation (or a report on investigation into an on-site photograph);

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] / [the grounds for sentencing] under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / there is no person who does not have any basic area (from June to January 1) [the person who is subject to special sentencing] / [the decision of sentencing] / The circumstances favorable to the fact that the crime of this case is not good: The defendant led to the confession of the crime of this case and there is no record of being sentenced to suspended sentence or heavier: The defendant's age, sexual behavior, environment, health conditions, motive and result of the crime, etc., and the circumstances of the crime after the crime, etc. are considered in the arguments of this case, and the punishment shall be determined as ordered.

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