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(영문) 전주지방법원 남원지원 2019.05.21 2018고단262

공무집행방해등

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

Reasons

Punishment of the crime

1. On October 31, 2018, the Defendant assaulted the victim, i.e., taking the victim’s neck in front of C in Namwon-si, Namwon-si, 19:00, after hearing the victim E (the victim E (the age of 40) who is the operator of D his/her work to leave his/her work, and doing a verbal dispute with the victim, and she spawn the victim’s neck with his/her hand and her left return one time.

2. On October 31, 2018, the Defendant was arrested as a flagrant offender of the assault and assault committed under Article 112 of the Act on Violence and Violence as stipulated under paragraph (1) of the same Article by the police officer F and patrolmen, etc., who took place after receiving a report of 112 from the police officer E on October 31, 2018, and the Defendant was arrested as a flagrant offender of the assault and subsequently transferred to the I district of the Southern Police Station located in H in the Namwon-si.

On October 31, 2018, at around 20:37, the Defendant complained of the Defendant who scambling scambling in the said I District, and accordingly, the Gyeongbridge, who belongs to the said B District, adjusted to scambling the scambling on the Defendant’s side. However, the Defendant assaulted the J’s left side side of the J with his own left side on two occasions.

Accordingly, the defendant interfered with legitimate performance of official duties concerning the suppression of crimes and investigation duties of police officers.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E and K;

1. Statement to J police officers;

1. 112 Reporting case management table;

1. Photographs-related evidence and photographs, and the scaming of the police officer;

1. Application of CCTV closure data and CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes), Article 38 (1) 2;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Probation;