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(영문) 광주지방법원 목포지원 2018.05.18 2018고단245

공무집행방해등

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

1. The defendant is in violation of the Punishment of Violences, etc. Act (joint assault) with C.

On March 3, 2018, the Defendant: (a) around 06:15, at the front of “E convenience store” located in C and D; (b) on the way in which the Defendant met with the shoulder with the victim F (30 tax) G, and the police officer called up after receiving a report 112, the Defendant used the victim’s part of the victim’s right at one time on his hand; (c) the Defendant used the victim’s face at one time by combining it with it.

Accordingly, the defendant assaulted the victim jointly with C.

2. The Defendant interfered with the performance of official duties, at the date and time, at the place specified in paragraph 1, and at the place specified in paragraph 1, who was dispatched after being reported to 112, was subject to an assault against the said F from the head of the police station H district by the head of the Ganpo Police Station I, who was called out after being reported to 112, and

followed by Meata;

C. While taking a bath, I am knee with the body of the said I kne and knee with the said I’s bucks about 2-3 times and knee with the said I’s chest, and assaulted the said I kne with the said I’s chests once in hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police (two times);

1. Application of the laws and regulations on police statements made to I, J, G, and F;

1. Relevant Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2(2)1 of the same Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although the reason for the imposition of punishment under Article 62-2 of the Criminal Act is inadequate, the defendant has no record of criminal punishment for the same kind of crime, and confession and reflects the crime of this case.