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(영문) 광주지방법원 해남지원 2018.01.11 2017고단469

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 14, 2015, the Defendant was sentenced to one year and two months of imprisonment with prison labor by obstructing the performance of official duties at the Gwangju District Court, and the execution of the sentence was completed at the Mapo Prison on August 24, 2017.

[2] On December 2, 2017, the Defendant: (a) found at the Dondo Police Station Down-do Police Station, which was located in 01:04 South Donnam-do, on December 2, 2017, and she saw the horses to the staff of the police box; and (b) requested several times the circumstances during which the police box was carried out at the police box, and the guard E of the above police box called “I am home,” and called “I am home.” Once I am, I am back the knee part of the above E, walked on the floor, walked down the flab, boomed on the miscellaneous floor, she gets off the flab, flabed on the flab, and flabed on the flab, and flabed on the flab.

As a result, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The delivery place of a police box;

1. One copy of a photograph and one CD of a video recording with a CCTV course;

1. Each report on investigation;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of previous convictions of the disposition, reporting on investigation (Attachment of a copy of the judgment, criminal records of the suspect and confirmation of repeated crimes), 4 copies of the judgment, 1 copy of the judgment, 1 copy of the personal data inquiry, 1 copy of the personal data inquiry, 5 copies of the judgment, and 5 copies of the judgment; and

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] Obstructing the performance of official duties, the aggravated area (one year to four years) (a person who interferes with the performance of official duties and coercion) (a person who is subject to special aggravated punishment] of the same type of repeated crime;

2. The Defendant has been subject to punishment several times for crimes such as interference with the performance of official duties and damage to public goods, and committed the instant crime without being aware of the fact that he was in the period of repeated crime due to the same crime.

maintenance of social order and general.