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(영문) 광주지방법원 순천지원 2015.07.07 2015고단663
공무집행방해등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[Criminal Justice] On January 16, 2012, Defendant B was sentenced to one year of imprisonment by the Supreme Court for embezzlement, and the period of parole was expired on May 16, 2013 and on June 13, 2013.

【Criminal Facts】

Defendant

A around 01:30 on April 15, 2015, at the 01:0 01:30 on the operation of the E, which was reported and dispatched by the “Fz”, Defendant A, etc., to listen to the circumstances of the instant case from the G District of the Net Police Station G District G District, and to arrest Defendant A as an offender in the act of committing a crime, assaulted Defendant A, by hand, by threatening the said H, “sembark’s head is removed”, and assaulting Defendant B at his hand, who did not put the above H’s right arms at his hand so that Defendant A may not be arrested from the side of the said H.

Accordingly, the Defendants jointly interfered with the legitimate execution of duties, such as the arrest of a flagrant offender of the above H.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of E and H;

1. Photographs of damaged luminous vests;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 136(1) and Article 30 of the Criminal Act; Defendant A who selects a sentence for the crime; Articles 136(1) and 30 of the Criminal Act; Articles 136(1) and 30 of the Criminal Act; Selection of fines;

1. Defendant B among repeated crimes: Article 35 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62(1) of the Criminal Act (see the following reasons for sentencing);

1. Defendant A of probation and community service order: Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A [Scope of Recommendation] There is no basic area (6 to 14 months) of the obstruction of performance of official duties (a person who has been specially punished) (a person who has been sentenced to a sentence] (a person who has been sentenced to a sentence] (a person who has been sentenced to a sentence of imprisonment for six months): A person who is favorable to two years of a suspended sentence of imprisonment

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