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(영문) 광주지방법원 순천지원 2015.04.10 2014고단2136
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:20 on November 8, 2014, the Defendant, while drinking alcohol at C Hop house located in Mineyang-si B, sent to the Defendant upon receiving a report from 112, E, a policeman belonging to the Mineyang Police Station D District Unit, by avoiding disturbance.

On the other hand, the Defendant sought to present his identification card from the above E in front of the middle and middle school in the Manyang-dong and Balyang-dong, and assaulted the Defendant on the right side of the above E, such as the two-way side of the bridge by having her talked about the demand and personal information, and the circumstances of the case, etc., by having her talked about the above E, and having her talked about the above E four times. In other words, the Defendant continued to talk about the above E’s left side side of the Dan-dong, and used the two-time side bridge by having her talked about the “this dog” before the Don-dong entrance.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, maintenance of order, etc. of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Application of Acts and subordinate statutes to the scene of crime and photographs of damaged parts of the victim, investigation reports (Attachment of a medical certificate);

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

1. The fact that there are several criminal records of the reason for sentencing under Article 62(1) of the Criminal Act, which are favorable to the defendant, is disadvantageous to the defendant.

However, the fact that there is no criminal record of the same kind, and that there is a misunderstanding of one's own fault is favorable to the defendant.

In addition, all the sentencing conditions shown in the records of this case, such as the age, character, conduct and environment of the defendant, shall be determined as ordered.

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