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(영문) 광주지방법원 2019.03.26 2018고단5193
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspension of execution on September 20, 2017 with prison labor for damage to public goods, obstruction of performance of official duties, etc. in the Sungnam Branch of the Suwon District Court, and the judgment became final and conclusive on March 30, 2018 and is still under suspension of execution.

【Criminal Facts】

On December 9, 2018, at around 22:35, the Defendant: (a) provided a restaurant, D and Si expenses in Gwangju Mine-gu, Gwangju, and (b) continued to cover the time expenses, and (c) provided a police slope E, the victim, who received the 112 report on the content that “the Defendant continued to use the 112 report, to enter the scene of the F and G patrol vehicle and to verify personal information, but the Defendant refused to use the flick, such as “the flick flick flick flick flick flick flick flick flick flick flick flick flick.

Accordingly, the defendant interfered with legitimate patrol and performance of official duties, which is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Each report on investigation;

1. Written opinions of opinions;

1. Previous records of judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act of the choice of sentence, reasons for sentencing of sentence [the scope of recommendation and recommendation] - The area of mitigation, and one month to August: The provision on the obstruction of performance of official duties [Article 1] the provision on the obstruction of performance of official duties - Where the degree of violence and intimidation is minor - there is no aggravated element - there is no aggravated element: the defendant has been sentenced to two years of suspended execution for the period of eight months of suspended execution due to the crime of damage to public goods or the crime of obstruction of official duties, and even if he/she has committed the same kind of crime, it is inevitable to sentence, since it is not good that the defendant committed the same crime.

However, in light of the fact that the degree of violence is relatively minor and that the defendant suffered injuries to the cage of the cage of the police officer in the process of setting up against the police officers, the punishment is imposed, such as the defendant's age, character, character, environment and family relationship.

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