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(영문) 광주지방법원 순천지원 2020.06.11 2019고단3064
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] On January 29, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act in the Gwangju District Court’s net support on November 29, 2016, and the parole period was expired on November 30, 2016 during the execution of the sentence, and the parole period was expired on February 16, 2017. On October 24, 2019, the same court was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive on November 1, 2019.

【Criminal Facts】

On October 21, 2019, at around 21:56, 2019, the Defendant returned to the Defendant after receiving a report from the proprietor in front of the house B, the Defendant: (a) took a bath to the Defendant, such as the defect in the back of the patrol vehicle; and (b) opened the door of the patrol vehicle to “a sprink, sprink, sprink,” and opened the door of the patrol vehicle; (c) prevented the Defendant from taking the sprink of the said D; (d) laid down the sprink of the sprink of the said D; and (e) took the sprink of the sprink of the said D; and (e) took the sprink of the sprink of the sprink of the said D; and (e) took the sprink of the sprink of the sprink of the said D.

Accordingly, the defendant interfered with legitimate execution of duties concerning patrol and maintenance of order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on internal investigation (as to the suspect and the details of interference with the performance of official duties, etc.), internal investigation reports (in-depth CCTVs and cellular images attached), CDs, and investigative reports (as to the suspect A's patrol car checking the direction of boarding);

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports (in the case of a suspect A's net thousand prisons), judgment, investigation reports (verification of the period of repeated crimes A), and application of statutes of the judgment;

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

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

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, as well as the following circumstances, including the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, are revealed in the trial process of this case.

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