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(영문) 광주지방법원 2017.02.15 2016고단5699
공무집행방해
Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 4, 2016, 09:59 around 09:59, the Defendant was under the control of the violation of parking regulations from C in the position of B who was dispatched after receiving 112 a report that two cargo vehicles are installed at the front of the branch of the Standing Department of Gwangju Agricultural Co., Ltd., and that it is difficult for the Defendant to transport by means of the violation of parking regulations in front of the branch of the Standing Division of Gwangju Agricultural Co., Ltd. of the Republic of Korea.

The police officer is the same as bitch bitch bitch bitch.

In doing so, “A brupted C’s chest by hand on three occasions and assaulted C’s chest.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes attached to investigation reports (Attachment of photographs of the scene of crime) and photographs;

1. Relevant Article 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 suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of recommended punishment] 6 months - one year and six months - one year and six months - the basic area (the scope of recommended punishment] - the type 1 (the obstruction of and the coercion of duties in the area of interfering with the performance of public duties)

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered, taking into consideration the following circumstances.

Unfavorable circumstances: To the police officer who properly controls the violation of parking without reasonable grounds, he/she makes a sudden bath while resisting the police officer without reasonable grounds, and the police officer's assault is not easy to do so.

There is a record of punishment for violent crimes.

A favorable circumstances: There is no record of punishment exceeding a fine or of punishment for the same crime.

It is difficult to view that the degree of assault or intimidation against a police officer is grave.

At the latest, the crime was led to the confession, and the mistake was made.

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