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(영문) 전주지방법원 남원지원 2016.09.20 2016고단124

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 June 28, 2016, the Defendant drinked with the Defendant at the house of the Defendant located in Namwon-si B around 22:40 on June 28, 2016.

C and D identified the circumstances of the case against the victim who was dispatched to the above place after receiving 112 report regarding the fact of fighting, and the defendant F ( South, 38 years old) belonging to the E District of the Nam-gu Police Station Ethal of the Republic of Korea Police Station, and the above C, etc., the victim was changed to the police officer.

A. Doing to finites, “I am finites,” and the victim “I am not to speak.”

"Abrely, the victim's “Chewing feas,” if feass such as food feas, the victim must answer anywhere.

"In doing so, the victim's chest part was flicked once by drinking, and the victim's breath was flick, and the victim's breath was flick, and the police officer's legitimate performance of official duties was interfered with the investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (from June to one year and four months) (the person subject to special sentencing) [decision of sentence] [the person subject to special sentencing] of the basic area of the type 1 (Interference with the performance of official duties and coercion of duties] [the decision of sentence] The crime of obstructing the performance of official duties requires strict punishment as a crime detrimental to the foundation of the rule of law by nullifying the legitimate exercise of public authority, and the defendant has a record of having been punished several times of violent crimes.

However, considering the favorable circumstances, such as the fact that the defendant appears to reflect, and that there is no previous conviction exceeding the fine, and the defendant at the time seems to have affected the crime of this case, the conditions of all the sentencing shall be comprehensively considered, and the punishment shall be determined as per the order.