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(영문) 광주지방법원 순천지원 2018.06.28 2018고단624

공무집행방해

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 March 6, 2018, at around 02:37, the Defendant: (a) reported that the Defendant was under the influence of alcohol on the road; and (b) caused the Defendant who was under the influence of alcohol and was under the influence of the Defendant on the road; (c) caused the Defendant by a slope F, a police officer belonging to the Southern Police Station E box of the Southern Police Station, who was under the control of the Defendant, to the outside of the road in order to prevent the occurrence of the accident; and (d) caused the Defendant to the end up to the road; and (d) “One

C. The flab flab, etc. was flabed by flabing the flab of the above police officer, and flabed by hand, and flab by hand.

Accordingly, the Defendant assaulted police officers as above and obstructed their legitimate performance of official duties concerning the protection of the lives and bodies of the people and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to these images);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The poor quality of the crime, such as the past record of the same kind of crime related to violence, the speech to the police officer performing official duties, and the exercise of violence;

(k) favorable circumstances: The fact that there is no record of crime heavier than a suspended sentence due to violence, the fact that the crime of this case was committed by force by force, and the police officer did not suffer serious injury in the course of the crime;

In order for the victimized police officers to deposit a certain amount of money. Other factors of sentencing stipulated in each subparagraph of Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.