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(영문) 광주지방법원 해남지원 2018.08.23 2018고단211
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[criminal history] On November 26, 2015, the Defendant was sentenced to ten months of imprisonment by the Changwon District Court due to interference with the performance of official duties, etc., and completed the execution of the sentence at the Changwon Prison on April 14, 2016. On June 1, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Changwon District Court’s Changwon District Court’s Changwon District Court’s Chang Branch branch on June 1, 2018.

[2] On May 30, 2018, the Defendant reported on May 30, 2018, 01:45, at the front of the police box located in Jindo-gun C, Jindo-gun, and received 112 reports, and reported on the hearing of the case from the Jindo Police Station Dental E (39 years old) this F, and reported to E “I assault;

Women's horse Dozers

“The police officer interfered with the legitimate execution of duties concerning the handling of the 112 Report Report Report case by 112 on three occasions the left chest of E in drinking.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each investigation report [The defendant alleged to the effect that he was smuggling only, but did not do so. However, according to the evidence duly adopted and investigated by this court, such as witness E and F's legal statements, it can be sufficiently recognized that the facts constituting the crime of the defendant and police officers E in the process of performing legitimate duties were taken three times as drinking, according to the above evidence] applicable to the law.

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

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

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Aggravation area of the sentencing criteria [Scope of the recommended punishment] that interferes with the performance of official duties: Imprisonment with prison labor for one year to four years (special aggravated person];

2. The Defendant rendered a direct assault to a public official who is performing legitimate duties.

The degree of violence inflicted by the defendant and the degree of interference with the legitimate execution of duties is not easy.

The defendant commits the instant crime again during the period of repeated crime due to the obstruction of performance of official duties.

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