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(영문) 전주지방법원 군산지원 2018.11.28 2018고단1180
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 13, 2017, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of official duties in the Militarysan Branch of the Jeonju District Court, and completed the execution of the sentence at a military prison on April 9, 2018.

[2] On October 9, 2018, the Defendant: (a) at the Defendant’s house located in Sinsan-si, Sinsan-si, 105 Dong 1301, and (b) at the Defendant’s house located in Sinsan-si, 105 Dong 1301, the Defendant was asked the Defendant about whether or not the parents were exercising domestic violence from the assistant E belonging to the Gunsan Police Station D commander called out after receiving a report 112; and (c) on the ground that the Defendant was bad, the Defendant was working for the police officer on the ground

C. A police officer’s frying, frying, frying, frying, frying, frying, frying, frying, frying, frying, frying, exposing his clothes, exposing his body body, exposing his fry, etc. The above E prevented the Defendant, and asked questions as to whether the said police officer exercised domestic violence again. The police officer’s frying, frying, frying, frying, fry, fry by the Defendant’s fry, was fryed by the Defendant’s fry.

As a result, the defendant interfered with the legitimate execution of duties by police officers E concerning 112 reported mobilization and security service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, G and H;

1. On-site photographs;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of criminal records of the same kind of crime as the suspect and the period of repeated crimes) - Court rulings and the application of statutes

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

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is that it is advantageous to the fact that: (a) the area of aggravation (1 year to 4 years) of category 1 (Interference with the performance of official duties and coercion of duties); (b) the same type of repeated crime [a special aggravated person] the defendant repents and discriminates against the defendant's mistake; and (c) the police officer who was assaulted by the defendant is taking the preference against the defendant.

(b).

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