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(영문) 광주지방법원 2018.05.08 2018고단974
공무집행방해
Text

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

Reasons

Punishment of the crime

[criminal records] On November 3, 2016, the Defendant was sentenced to six months of imprisonment by the Gwangju District Court due to interference with business, etc., and completed the execution of the sentence in the Gwangju District Court on May 2, 2017.

[Criminal facts] On March 18, 2018, the Defendant: (a) was arrested as a flagrant offender with three persons, such as C, from the 264 Doo-ro 264 Doo-dong-gu, Gwangju-dong-gu, and was led to the E zone located in Gwangju-dong-gu, Gwangju-gu.

around 18:30 on March 18, 2018, the Defendant: (a) was waiting for a suspect to investigate in the waiting room of the police station in the Gwangju Eastern Police Station E-gu, Gwangju Metropolitan City; (b) whether the Defendant was the police officer of the Chewing motor vehicle; (c)

좆 까네 ”라고 하는 등 욕설을 하고 양손으로 경위 F의 목을 붙잡고 피고인의 오른발로 경위 F의 발목을 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of official duties concerning the investigation of suspects by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Photographs photographs on the part of the assault;

1. Photographs impeding the performance of public duties;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the type of determination] : (i) interference with the performance of official duties; (ii) interference with the execution of official duties; (iii) basic area [decision on the sphere of recommendation] / [the scope of recommendation] 6 months to 1 year and 6 months [the scope of general sentencing] - Aggravation factors: Cumulative repeated crimes [whether suspended or not] - Reasons for general extenuating circumstances: A person who has been subject to suspended sentence at least twice;

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