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(영문) 광주지방법원 순천지원 2019.06.12 2019고단651
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

The defendants are between natives and natives.

1. On February 28, 2019, the Defendant reported “D” in front of the Mayang-si, Mayang-si, on the street, around 23:58, around 112, Defendant: (a) reported the 112 reported case; (b) reported the slope F, a police officer belonging to the Mine Police Station E District Unit of the Mineyang Police Station, who was handling the said case; and (c) led Defendant A, without any particular reason, to walk up twice the left right f, and threatened Defendant A with her hand, as he/she continued to walk back the border G belonging to the E District.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reports.

2. The Defendant B, at the time, at the time, at the place, and at the time, at the police officers stated in paragraph (1), reported that the police officers arrested A and carried on the patrol vehicle on the ground of the obstruction of performance of official duties, and prevented the progress of the above vehicle while playing on the front floor of the patrol vehicle, and obstructed the police officers’ legitimate performance of official duties concerning the arrest of the flagrant offender.

Summary of Evidence

1. Defendants’ legal statement

1. The statement of each police officer made to F and G;

1. A H statement;

1. Application of Acts and subordinate statutes to a investigative report;

1. Defendant A of pertinent legal provisions pertaining to criminal facts: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. The Defendants: Imprisonment with prison labor;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Probation and community service order Defendants: The poor quality of the crime, such as intimidation and assault, etc. to the police officers performing official duties of Defendant A for the reason of sentencing under Article 62-2 of the Criminal Act, which is disadvantageous to the majority of the violent force, or the fact that the Defendant recognized the Defendant, and the damage of the police officers is not relatively heavy, and other favorable circumstances, such as the Defendant’s age, character and behavior, environment, occupation, motive and consequence of the crime, etc.

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