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(영문) 광주지방법원 목포지원 2020.03.06 2019고단1501

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. Around 01:35 on December 4, 2019, the Defendant: (a) told the victim F of the Mana Police Station E box sent out after having received a report of assault in front of the “D” located in Franna City, which was sent by the Defendant, to the victim F of the Mana Police Station, including slopes B, G, etc., while complying with the slope department B, G, etc., the Defendant said that “the bit of a bitch, bitch, bitch.”

Accordingly, the defendant openly insultingd the victim.

2. On December 4, 2019, the obstruction of performance of official duties and the Defendant: (a) arrested a flagrant offender on the charges of assault and insult on the charges of assault and insult; (b) threatened the victim B (Nam, 42) who was a slope belonging to the Epic police box, who was seated in the suspect, and was seated in the Epic police box; and (c) threatened the victim B, who was a slope belonging to the Epic police box, with “I amb off the locker, Chewing, and spath of the police life”; and (d) assaulted the victim B, who was walking up four times to get the victim’s statement.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning handling 112 Reports, and at the same time, the Defendant inflicted injury on the victim, such as damage to the fladity of the upper part of the right river that requires medical treatment for about a week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and H;

1. A written statement of F and I;

1. Application of Acts and subordinate statutes to the head of each complaint, damaged photograph, investigation report (a video verification taken by police officer F), video CDs, investigation report (a CCTV image verification within the E police box), video CDs, investigation report (a video recording within the E police box), investigation report (a person for reference G telephone), investigation report (a statement of medical opinion), and medical checkup report;

1. Relevant Article 136 (1) of the Criminal Act concerning the crime, Article 257 (1) of the Criminal Act, and Article 311 of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant expressed his/her desire to the police in the course of performing official duties and commits violence.