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(영문) 광주지방법원 목포지원 2014.11.03 2014고단1335

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2014, at around 20:22, the Defendant: (a) was under the influence of alcohol on the front of Bapo-si Ba, and (b) was required to voluntarily conduct the instant investigation by the victim E, a slope affiliated with the police box of the Bapo-si Police Station, who was in receipt of a report after destroying C’s vehicle and assault C.

이에 피고인은 순찰차에 자진하여 승차한 후 피해자에게 “야 이 호로 새끼들아, 왜 편파적으로 하냐, 개새끼들아”라는 등 욕설을 하며 발로 안경을 쓴 피해자의 얼굴 부위를 1회 걷어찼다.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention and investigation of crimes by the victim, who is a police officer, and at the same time, damaged the unexplosion of the market price used by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the victim E-victim photographs, and the victim E-victim photographs;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The sentencing reasons for Article 62-2 of the Probation Criminal Act include the fact that the defendant acknowledges and reflects his mistake, the defendant has no same criminal records, the defendant's age, character and conduct, family relationship, and sentencing guidelines (see the lowest limit of the sentencing guidelines, which are stipulated in the crime of obstruction of performance of official duties (which is the basic area of obstruction of official duties, six months to one year, and one year and four months, and no special person), etc. shall be determined as the sentence for the defendant, and the execution thereof shall be suspended.