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(영문) 전주지방법원 2017.07.14 2017고단917
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 April 23, 2017, the Defendant: (a) around 19:45, at around 19:45, obstructed D’s lawful performance of official duties, which is a police official, who is a police official performing the duty of reporting 112 at one time, following the 19:00 on the same day, by voluntarily accompanying a slope D belonging to the police box called C, called the Defendant to get off the patrol box; and (b) at the patrol vehicle, D opened a door to the Defendant to get off the patrol box; and (c) was able to say “Is son son son son son son son son son son son son son son son son son son son son son son son.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of the Acts and subordinate statutes on the parts of photographic damage caused by slopeD;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The basic area (referring to six months to one year and six months) of the sentencing criteria shall interfere with the examination of the sentencing criteria (the scope of recommended punishment) and the execution of official duties;

2. The defendant recognizes all of the crimes of this case for favorable circumstances to determine the sentence of punishment.

It is not good that the crime of obstructing the execution of official duties is likely to obstruct the legitimate exercise of public authority, and the defendant has been sentenced to a fine due to the violation of the Punishment of Minor Offenses Act due to the disturbance of cancellation of the state in the government office.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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