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(영문) 전주지방법원 2017.04.13 2016고단2461
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On December 11, 2016, the Defendant: (a) around 06:05, at his own residential premises located in Yansan-gu C Apartment-gu, 103 Dong 1002; and (b) on December 11, 2016, “I her death.

Defendant’s mother’s 112 report to the effect that “I knife” refers to a defect in which E, under the influence of alcohol, intends to take the interested suspect into his ward under the influence of alcohol, and “Nein”

Gaba Doba Doba Doba;

씨 발 놈들 아 ”라고 욕설을 하면서 발로 위 E의 낭 심 부분을 1회 걷어찼다.

After that, while the defendant was arrested by the police officers such as the above E and went out of the current place of residence, he was found to find out the security guards of the D District of the Jeonnsan Police Station D in the front place of residence, and "I am to be designated."

” 고 말하면서 발로 위 F의 배를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of the above police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation report (related to knife);

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to photographs (damage parts and excessive amount);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed by a crime of obstructing the performance of official duties to E, the higher punishment for concurrent crimes);

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1 and 2: Obstructing the performance of official duties (a) from obstructing the performance of official duties; Category 1 (Interference with the performance of official duties and coercion of duties) (no person subject to special sentencing) (Scope of recommended punishment); From six months to one year and six months;

B. Final scope of sentence: 6 months to 2 years: Imprisonment (i.e., the maximum of crimes No. 2)

3. Determination of sentence: Imprisonment with prison labor for eight months and suspension of execution for two years shall be brought to dispute with the defendant even though the defendant was found guilty.

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