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(영문) 광주지방법원 순천지원 2018.07.13 2018고단688
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On March 29, 2018, at “C” located in 01:30 on March 29, 2018, the Defendant: (a) the police officer affiliated with the net Police Station D police box called up after receiving a report from the Defendant, under the influence of alcohol; and (b) the Defendant “Iskhum in returning home only that occurred”

“Catherbly, in his hand flabed the ebbbbbage, and flapsed by the police officers affiliated with the flabbbbbbage that restrains this.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Under the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Social Service Order Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc., the punishment as ordered shall be determined by taking into account the circumstances following the Defendant’s previous conviction, age, family environment, motive and circumstance of the crime, the degree of assault to police officers, the degree of assault to police officers, the degree of interference with public duties performed by police officers during the crime, and the circumstances after the crime.

A favorable circumstances: A favorable circumstances such as the defendant's reflects his mistake: Force of violence may be used against the defendant; since the defendant committed a crime interfering with the performance of official duties against multiple police officers, the nature of the crime of this case is bad, etc.

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