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(영문) 광주지방법원 목포지원 2014.10.23 2014고단1165

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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 June 7, 2014, around 02:35, the Defendant: (a) arrested the victim of a crime of fraud from the slope victim F(38 years of age) belonging to the Bapo Police Station E District Unit, called up with the owner of the business upon receiving a report of the owner of the business due to the problem of the drinking value from D located in Sinpo City C; (b) and (c) arrested the victim of a crime of fraud by taking a brue type, the Defendant took the victim’s cab, who was on duty of the Defendant and the Defendant on duty at the patrol time once.

As a result, the defendant interfered with legitimate performance of official duties concerning the suppression and investigation of the victim, and at the same time, the victim's unclaimed days of treatment was sentenced to gambling.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Certificates of medical treatment;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. It is difficult to apply the sentencing criteria as it is a superior concurrent crime for sentencing of Article 62-2 of the Social Service Order Criminal Act.

The punishment against the defendant is determined as the disposition in consideration of the fact that the defendant's mistake is recognized and against the defendant, the injury suffered by the victim is not excessive, the defendant has no criminal record, the defendant's age, character and conduct, family relationship, etc., and the execution of the punishment is suspended.