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(영문) 전주지방법원 군산지원 2019.06.21 2019고단257
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 01:58 on November 2, 2018, the Defendant: (a) confirmed that a police officer (the age of 28) who was a police officer of the Korea Military Police Station, who was called for after having received 112 reports while drunkly drinking in the vicinity of “C” main station located in Sinsan City B; (b) requested the Defendant to see the Defendant’s personal information by asking his resident registration number after asking the Defendant at the above main station; (c) while carrying out a bath to “I am, I am, I am, I am, I am the chest part of the above G; and (d) the police officer of the same police box, who was called for the said H, interfered with the legitimate execution of duties concerning the prevention, suppression, and investigation of a crime by smugglinging the chest part of the said H’s chest by her son’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning H, I, G, and D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence appears to have reached the instant crime by contingency, and it is against the first offense, which is a favorable sentencing factor in favor of the fact that the crime of obstruction of performance of official duties is an offense which undermines the function of the State by impeding the legitimate exercise of public authority, and thus requires strict punishment. In other cases, the Defendant’s age, character and behavior, circumstances after the crime, health conditions, and in particular, the Defendant seems to have reached the wind to prove alcohol existence and to cause a wide amount of it. Thus, in light of the fact that the Defendant has to separately refrain from his behavior and to prevent such a crime again, the sentence is determined as ordered by the disposition.

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