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(영문) 광주지방법원 2018.07.19 2018고단1648

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer any medium access to electronic financial transactions;

Nevertheless, around January 27, 2018, the Defendant received 6 million won from the person in distress in his name in the front India located in Gwangju Mine-gu, Gwangju, and issued Kwikset service with a passbook and a e-mail card connected to the account in the name of the Defendant to the national bank account in the name of the Defendant.

Accordingly, the Defendant transferred the electronic financial transaction access media.

2. On April 8, 2018, the Defendant, at around 02:20 on April 8, 2018, obstructed the performance of official duties, was pushed down with the body of the police officers at the time of arresting H and I, a security guard belonging to the G District of the Gwangju Mine Police Station, to the person who was the victim of the instant assault.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I and J;

1. Application of Acts and subordinate statutes to detailed inquiries and details of deposit and withdrawal transactions as a result of the transfer process;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the point of transferring access media);

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

1. Selection of each sentence of imprisonment;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

The favorable circumstances are confessioned and reflectd.

There is no benefit from the transfer of the access media (based on the defendant's statement). The degree of interference with violence and the execution of official duties is not much serious.

One million won was deposited to police officials.

(b) criminal records of the same kind;