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(영문) 전주지방법원 2015.11.26 2015고단1581
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 4, 2015, the Defendant: (a) around 23:10 on September 4, 2015, the Defendant: (b) took a bath on the floor of the eabbs where the drunk customer was under the influence of alcohol, and reported to the effect that he was fright at the bar; and (c) the Defendant f (the age of 43) of the victim’s slope victim F (the age of 43) of the Eabs where he was called out after receiving a report that he was fright at the bar, he sawd to the Defendant, and the Defendant 1 saw the victim as the victim’s son who was in need of treatment, such as the victim’s son who was on the floor of the Eabs where he was under the influence of alcohol, and the victim was under the influence of taking fright at the bar in order to take on the spot, and brought the victim’s humbs and humbs without any damage to the victim’s son.

As a result, the defendant interfered with legitimate execution of duties by police officers, and at the same time injured the victim F.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (Submission of a medical certificate);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to seven years from the scope of applicable sentences in law; and

2. In cases of minor bodily injury (one to half a year), minor injury (one to half a year), and obstruction of performance of official duties according to the sentencing guidelines (the sentencing guidelines for the crime of bodily injury are considered), general injury (the scope of recommending punishment) and basic area (four to one year and six months a year) / In cases of obstruction of performance of official duties;

3. Determination of sentence: The nature and circumstances of the instant crime are not good.

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