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(영문) 광주지방법원 목포지원 2017.03.21 2016고단1510
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On August 6, 2016, 2016, the Defendant: (a) on the street in front of the 62 long-distance of the 365 cop of a corporate bank, and reported to the company bank 112 that he was suffering from a disease; and (b) on the part of the police box C of the Bapo Police Station, the Defendant shouldered the Defendant, who was under the influence of alcohol, who was sent to the site by the police officer affiliated with D, who was under the influence of alcohol; (c) whether the Defendant “Is the dog?”

Miscellaneously, both arms are placed in the above D, and both arms are placed in several times, and the face of the above D, which was boomed and sitting in order to cause the defendant, was damaged to the extent that it is necessary to treat the above D for about two weeks in front and rear blusium, and at the same time, interfered with the legitimate performance of duties concerning the patrol and the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to damaged photographs (D) and diagnostic certificates;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime in spite of the need to issue a medical treatment order under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Care, Custody, etc. Act, and the reason for sentencing, despite the fact that the Defendant had been punished as a violent crime. The instant crime was committed at the same time by the Defendant upon receiving a report 112, and at the same time, at the same time, an injury was inflicted upon the police officer dispatched, and at the same time, it was deemed that the relevant police officer interfered with the legitimate execution of his duties,

However, the defendant recognized the crime of this case, and there is no record of punishment for the crime interfering with the performance of official duties, and the defendant appears to have been suspected of committing the crime of this case, and the crime of this case also appears to have an impact on the defendant's alcohol dependence.

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