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(영문) 광주지방법원 순천지원 2017.07.12 2017고단507

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On January 23, 2017, the Defendant received the 112 report that there was a trial expense at a “D” restaurant located in the 19:52 Sincheon City, and received the 112 report from the scam F of the Net Police Station E box belonging to the Hacheon Police Station, which called “if the Defendant dices a large amount of scam and drinking, scam back to the house.”

“Along with the word “,” the said F was attempted to put a brut to the brub, which was put on the table table, but the brut was fluent, and the head of the said F, as if he were to be taken several times due to drinking and salping, and the brut “gs and salkes” died. In doing so, while putting the brut at the right hand, the brut brushe salked with the right hand, and walked his side brut on the right hand, thereby obstructing the police officer’s legitimate performance of duties concerning the prevention of crimes and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. are to be determined by taking into account the following favorable circumstances: (a) the fact that the Defendant recognized the instant crime and reflects on it; (b) disadvantageous circumstances such as the police officer F, who is the object of obstructing the performance of official duties, wishing to be punished by the Defendant; and (c) the Defendant’s age, family environment, degree of assault