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(영문) 광주지방법원 해남지원 2017.02.16 2016고단519

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

Reasons

Punishment of the crime

On November 30, 2016, the Defendant: (a) around 20:45, at Cart parking lot located in the Southernnam-gun B, and (b) on November 30, 2016, in order to stop the Defendant’s assault; (c) in order to stop the Defendant’s assault; (d) the circumstances where E in the situation belonging to D District Unit of the Southern Police Station was dispatched after receiving a report of assault, the Defendant’s hand pushed the Defendant’s chest part and shoulder part of E; and (e) continued to do the Defendant’s assault against her wife F, and (e) the Defendant’s hand sawed the Defendant’s ethical thro

Accordingly, the suspect interfered with the legitimate execution of duties of the police officer on the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Photographs and CCTV photographs;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV images, etc.);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of interference with the performance of official duties, such as the instant crime, for the reason of the protection and observation of protection and the sentencing of Article 62-2 of the Social Service Order Act, is not good in that the crime is committed in that the police officers’ pride and desire to work significantly impede and the resulting damage ultimately return to the general public.

Considering the above circumstances and the fact that the defendant did not receive a letter from the victimized police officer, and that the defendant committed the crime of this case even though he/she had been punished for several times of violence crimes, a suspended sentence shall be imposed only once by taking into account the fact that he/she committed the crime of this case, but he/she has no record of punishment exceeding a fine due to violent crimes, etc.