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(영문) 광주지방법원 순천지원 2019.10.31 2018고단2493
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is a second person.

At around 16:30 on August 15, 2018, the Defendant: (a) sent a warning to the “Dcafeteria” located in C, the Defendant: (b) arrested B in the act of interference with his duty; (c) arrested B in the act of interference with his body; (d) arrested B; and (e) carried B on the patrol vehicle; and (e) took it onto the front and rear of the patrol vehicle; and (e) interfered with the police officer’s performance of official duties by taking the aforementioned police officer’s use of his arms; and (e) preventing the police officer from carrying B in the front and rear of the patrol vehicle; and (e) even if the Defendant received a warning of these acts on several occasions, it was necessary for the police officer to turn B to the front and rear of the patrol vehicle; and (e) reported that the police officer turned into the body of B with the police officer and turned it into the body, thereby interfering with the police officer’s performance of official duties for ten minutes.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties to prevent, suppress, and maintain order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (report on the execution of telephone investigation into slope G);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act include the nature of the instant crime, the details of the relevant crime, the circumstances after the crime, etc.; however, the following factors are considered: (a) the Defendant has no same criminal records and no more than twice fines; (b) the Defendant has agreed with the damaged public officials; (c) the Defendant’s reflectivity, family relationship, health status, and other various sentencing conditions specified in the instant records and arguments.

It is so decided as per Disposition for the above reasons.

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