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(영문) 광주지방법원 2017.11.03 2017고단3738

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2017, at around 02:15, the Defendant, while drunkly drinking in the vicinity of the “D” located in the Gwangju Mine-gu, and breathing, franchising, etc., the Defendant franchising the eat. On the ground that G, who was dispatched to the site upon receipt of a report 112, franchising the eat from the time when G, who was sent to the site, listens to the statement of “E” and said G, franchising the eat, franchising the police.

“G’s part of G was walking one time due to his or her desire to walk, and during the continuous arrest of a flagrant offender, he or she assaulted H’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her b

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement in the police statement made to H, G, E, and I;

1. Application of video-related Acts and subordinate statutes to photographs damaged by crime;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is very poor in that the defendant uses violence against the police officers called out after receiving a report on the breath of alcohol.

The defendant has a total of 15 criminal records, including the same criminal records of the defendant, (1) 15 criminal records (5 criminal records, 1 criminal records, 5 criminal records).

However, from the beginning, the defendant was committed properly, and the damaged police officers are not punished for the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.