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(영문) 광주지방법원 순천지원 2017.10.18 2017고단1139
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 May 13, 2017, the Defendant was aboard before the police box located in C at around 00:10 on May 13, 2017, and the Defendant was aboard.

E Doing to dispute with F, a taxi engineer of F, and to go to F, and tried to go to the above F, but the circumstances leading to the above police box are to separate the Defendant and the above F, and to restrain the Defendant to go to the police box, and whether the Defendant was unable to go to the police box;

followed. Whether the sound of the test is the dye or not.

“.............” The chest of the above G was assaulted one time by the two grandchildren.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of civil petitions by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Investigation report (as to the situation before arrest)

1. Application of the CDA-1 statute

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. In light of the favorable circumstances, such as the observation of protection and community service order, and the fact that the defendant repents his mistake for the reason of sentencing under Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc., a criminal defendant committed a crime of obstructing the performance of official duties one time, and the criminal records of the crime of damaging public goods are also one time, and the police officer subject to the obstruction of the performance of official duties wishes to be punished by the defendant, and other unfavorable circumstances such as the defendant's age, health status, home environment, degree of violence, degree of interference with the performance of official duties while being executed by the police officer, etc., the punishment shall be determined as ordered

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