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(영문) 광주지방법원 2020.04.09 2020고단993
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 2, 2020, at around 00:26, the Defendant reported at the main point of “C” located in Gwangju Mine-gu B and 3, that “A” 112, “I drink only a certain person in the Gwangju Mine-gu B and 3, and there is a foreigner.” On the same day, at around 00:30, the Defendant sent to the site a guard for the post of the Gwangju Mine Police Station Estation, and the background and circumstances leading up to the post of the Gwangju Mine Police Station Estation, and called “I see why why you have been dissatised, I see?” and, upon receiving a recommendation from the police officer for returning to Korea, the Defendant went to the first floor of the building.

On the floor, the Defendant continuously saw the floor as follows: “I am h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.h. h. h.h. h. h.h. h.h. h.h. h.h. h.h. h.h. h.h. h.h. h.h.h. h.h.h. h.h. h.h. h.h. h.h.h. h.h. h.h. h.h.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case and the maintenance of public order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. A copy of the 112 reported case processing list, and a copy of the work log;

1. Application of the relevant Acts and subordinate statutes attaching photographs;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 136 (1) of the Criminal Act for the choice of punishment;

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. Determination of sentence: Imprisonment with prison labor for one year was punished several times for violent crimes, and the defendant was punished twice for obstruction of performance of official duties.

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