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(영문) 광주지방법원 2018.07.05 2018고단1807
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, on 17, 200:10 on 17, 2018, on 00:10 on 17, 2018, on the ground that C was dispatched to the military after receiving a report of verbal abuse, assault, and assault, on the parking lot located in the Namsan-ro, Namsan-ro, Namsan-ro, 23, and C’s situation belonging to the police station B forces of the State, and C’s control over this.

The term “B” refers to both hands and the body of C was assaulted by having the body of C one time, and the chest part of D’s chest part belonging to the same district group, which prevented it from being pushed back in both hands and interfered with the legitimate performance of duties, such as the investigation of crimes, etc. by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

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 Defendant’s crime of assaulting the police officers, who perform their legitimate duties on the grounds of sentencing under Article 62(1) of the Criminal Act, requires a strict punishment for the reason that it is necessary to inspire the awareness that the nature of the offense is inferior, and that it is necessary to attract the awareness of the general public in society, and thus, requires a strict punishment.

However, the term of punishment shall be determined and the execution thereof shall be postponed, taking into account the following circumstances: (a) the Defendant is a very rough and disorderly crime committed by cultivating and cultivating his/her incidental, (b) the degree of interference with assault and performance of official duties was not excessive; (c) the police officers agreed with the Defendant do not want the punishment against the Defendant; (d) the Defendant and six children are supporting the Defendant; (e) the Defendant’s age, sex, conduct, environment, family relationship, motive and consequence of the crime; and (e) the circumstances surrounding the sentencing conditions specified in the argument of the instant case, including the Defendant’s age, sex, family relationship, motive and consequence of the crime; and

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