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(영문) 전주지방법원 정읍지원 2017.09.14 2017고단264

공무집행방해

Text

Defendant

B The Defendant A shall be punished by a fine of 4,000,000 won, and a fine of 3,000,000 won, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B, on June 14, 2017, at the front plaza of the Jung-Eup Arts Center located in 13:4:00 on a regular Eup/Myeon on June 14, 2017, the Defendant argued that “I am under the influence of alcohol” from the slope D belonging to the district unit in the Jung-Eup Police Station C of the Dong-Eup Police Station called “I am under the influence of alcohol, I am under the same conditions. I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of the Defendant, and am under the influence of the Defendant.”

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

2. When Defendant A was arrested as a current offender at the date, time, and place described in paragraph 1, Defendant A arrested Defendant B as a current offender, the above Defendant called “I am feasia, I am feasia, I am feasia, and I am feasia.” During the arrest process, Defendant A conspiredd Defendant A’s chest part of the chest part of E, who was requested from E in the circumstances in which the Ha Eup/Myeon Police Station C unit was affiliated with the Dong, to refrain from humbling, was 4 times, and the two knife E’s chest part.

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

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of E and D;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Selection of penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including that the Defendants’ use of violence against police officers in the course of performing official duties, are not somewhat weak, against the Defendants, the conditions for sentencing unfavorable to the Defendants, and the Defendants’ mistake in committing the crime. Defendant A is a primary offender, and the degree of the type of force exercised by the Defendants is not much serious, and the conditions for sentencing favorable to the Defendants, and other conditions for sentencing favorable to the Defendants, such as the Defendants’ age, sex, environment, motive and background of the crime, and the motive and background of the crime.