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(영문) 전주지방법원 군산지원 2018.02.07 2017고단1670
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 25, 2017, from around 22:40 to 23:10 on the same day, the Defendant was reported to the 112 police officer of the Military Military Police Station B police box dispatched by the Defendant, who was on the street of 112, stating that “the drinking person is a person who was in the front of the fleet,” in front of 33-3 4-3 Donsan-si, Sinsan-si, Sinsan-si, Sinsan-si, 105.

In the event of hearing the words "I am to take a measure for returning home," n n son;

C. While taking a bath for C’s external frienda, C’s external flaba, and flabed from C’s flab D who was called together with C, and when D’s flabab was flabed on one occasion with C’s own flab.

이에 D이 공무집행 방해 현행 범인으로 체포하려 하자 발로 D의 다리를 발로 1회 차고, C이 피고인을 현행 범인으로 체포한 후 순찰차에 탑승시키는 과정에서 머리로 C의 얼굴 부위를 1회 들이받고, 발로 D의 다리를 1회 걷어찼다.

As a result, the Defendant interfered with police officers' legitimate performance of duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes of E;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no basic area (from June to one year and six months) [this is reasonable to see that the "unlimited to cases where a serious injury has occurred to a damaged public official (the reason for the aggravation of punishment itself)] (the "unlimited to cases where a serious injury has occurred to a damaged public official (the reason for the aggravation of punishment in itself), the sentence shall be determined as per the Disposition, by taking into account the following circumstances and other factors, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

The favorable circumstances: The defendant recognizes the crime of this case.

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